8175-5 - Standards and conditions for uses.

The following standards and conditions shall apply to all uses stated herein:

The following standards and conditions shall apply to all dwellings hereafter constructed, and to the indicated accessory uses and structures:

(a)

Legal Lot Requirement—See Section 8171-4.4.

(Am. Ord. 4055—2/1/94)

(b)

Sewage Disposal—Sewage disposal shall be provided by means of a system approved by the Environmental Health Division and the Division of Building and Safety.

(c)

Fire Protection—Dwellings shall meet all fire protection requirements of the Ventura County Fire Protection District, including all requirements for construction within the High Fire Hazard Area as set forth in the Ventura County Building Code.

(d)

Mobilehomes Used as Dwelling Units—Mobilehomes may be used as single-family dwellings if the mobilehome was constructed on or after June 15, 1976. Mobilehomes used as accessory dwelling units are also subject to this date limitation, but mobilehomes used as caretaker, farm worker, or animal caretaker dwellings are not.

(1)

Foundation System. Mobilehomes that are used as single-family residences, accessory dwelling unit, caretaker, farm worker, or animal caretaker dwellings shall be installed on a foundation system in compliance with Section 1333 of Title 25 of the California Administrative Code. Mobilehomes renewed under a Continuation Permit shall be in compliance with the applicable provisions of Article 7 (commencing with section 1320) of Chapter 2 of Division 1 of Title 25 of the California Administrative Code.

(2)

Exterior Siding. Exterior siding of a mobilehome used as a single-family dwelling shall extend to the ground level, or to the top of the deck or structural platform where the dwelling is supported on an exposed pile foundation complying with the requirements of the Uniform Building Code, or to the top of a perimeter foundation. For mobilehomes used as caretaker, farm worker, or animal caretaker dwellings, mobilehome skirting shall completely enclose the mobilehome, including the tongue, with a color and material compatible with the mobilehome.

(e)

Mobilehome or Recreational Vehicle as Temporary Dwelling During Construction—A mobilehome or recreational vehicle may be used by the owner(s) of a lot as a temporary dwelling unit for 12 months during construction of a residence for which a building permit is in full force and effect on the same site. The Planning Director may grant one additional 12-month period and a time extension if substantial progress toward construction of the principal residence is being made. Said mobilehome or recreational vehicle shall be connected to the permanent water supply and sewage disposal system approved by the Ventura County Environmental Health Division for the structure under construction. Within 45 days after a clearance for occupancy is issued by the Ventura County Division of Building and Safety, any such recreational vehicle shall be disconnected from such systems and cease being used as a dwelling, and any such mobilehome shall be removed from the site. A temporary mobilehome or recreational vehicle may be accessory to construction on adjacent lots under the same ownership as the lot on which the mobilehome or recreational vehicle is installed.

(f)

Home Occupations—On property containing a dwelling, no commercial activity shall be construed as a valid accessory use to the dwelling unless the activity falls within the definition and regulations of a home occupation. Home occupations are permitted in accordance with the following standards:

(1)

No merchandise, produce or other materials or equipment may be displayed for advertising purposes. Advertising in a telephone book, newspaper, etc., or on a vehicle, shall not divulge the dwelling's location.

(2)

The use shall be carried on only by residents of the dwelling.

(3)

No signs naming or advertising the home occupation are permitted on or off the premises.

(4)

The use shall not generate additional pedestrian or vehicular traffic beyond that considered normal to the neighborhood. Deliveries to the dwelling shall not be excessive and shall not disrupt traffic patterns in the vicinity.

(5)

Home occupations shall not occupy space required for other purposes (off-street parking, interior setbacks, etc.).

(6)

For each dwelling unit, there shall be no more than one (1) commercial vehicle parked on the property related to the home occupation. For the purpose of this section, a vehicle with external lettering or other script pertaining to the home occupation is considered to be a commercial vehicle. The parking space shall comply with Section 8176-3.4, Accessory Parking and Storage of Oversized Vehicles.

(7)

The existence of a home occupation shall not be evident beyond the boundaries of the property on which it is conducted. There shall be no internal or external alterations not customarily found in residences.

(8)

The use of electrical or mechanical equipment that would create visible or audible interference in radio or television receivers is prohibited.

(g)

Reserved.

(h)

Wet Bars—

(1)

Wet bars shall be separate from kitchens;

(2)

No more than one (1) wet bar is permitted per dwelling unit;

(3)

Wet bars shall contain no electrical outlets in excess of one hundred ten (110) volts;

(4)

Plumbing connected to the bar sink drain shall be no greater than one and one-quarter (1¼) inches in diameter and shall not include plumbing stub-outs;

(5)

Wet bars located in the RB and RBH zones shall have no gas outlets or gas stub-outs, nor shall they have more than one (1) bar sink fixture with one (1) sink well.

(i)

Non-Commercial Antennas—Ground-mounted, non-commercial antennas may be installed as an accessory use to a dwelling. Such antennas are subject to the following standards:

(1)

The crank-up type of antenna should be used.

(2)

All antennas should be color-coordinated to harmonize with background material to reduce visual impacts.

(3)

The most unobtrusive location for the antenna shall be used.

(4)

Appropriate screening materials such as fencing or landscaping may be required.

(5)

A site plan of the subject property, showing property lines, all structures, paved areas, walls, setbacks, major vegetation, nearby streets and proposed location of the installation is required. Also, elevations of the subject installation are required as well as elevations of affected buildings and architectural features. The height, nature, texture and color of all materials to be used for the installation, including landscape materials, are also required.

(6)

The maximum height is seventy-five (75) feet (see Section 8175-4.9).

(j)

Exterior Storage of Materials—Permitted as an accessory use to a dwelling, shall be subject to the following conditions:

(1)

The exterior storage of materials may be placed within three (3) feet of one (1) interior lot line, and to rear lot lines, but shall not intrude into any required front or street-side setback.

(2)

All materials must be stored at least six (6) feet from any structure.

(3)

The exterior storage of materials shall not exceed an aggregate area of two hundred (200) square feet and shall not exceed a height of six (6) feet.

(4)

Materials stored may include, but are not limited to, inoperative vehicles, equipment, building materials, scrap metal, or personal or household items.

(5)

Materials or equipment kept on any premises for use in construction of any building on said premises for which a Zoning Clearance and necessary building permits are obtained and in force are exempt from the exterior storage provisions of subsections (j)(2) and (3). However, such storage shall be neat and orderly, and shall not exceed an area equal to one hundred (100) percent of the gross floor area of the building under construction. Stored materials shall be installed within one hundred eighty (180) days of their placement on the lot; however, the Planning Director may grant a time extension for good cause, based on a written request from the applicant.

(6)

Materials or equipment customarily used on a farm or ranch are also exempt from the exterior storage provisions of subsections (j)(2) and (3).

(7)

Exterior storage shall be consistent with all provisions of the LCP.

(k)

Real Estate Tract Sales Office, Temporary—a temporary real estate sales office for the limited purpose of conducting sale only of lots or houses in the subdivision tract may be maintained for a period of 18 months or until all of the lots in the subdivision have been sold, whichever is earlier.

(Am. Ord. 4055—2/1/94; Am. Ord. 4283—6/3/03; Ord. No. 4451, §§ 5, 9, 12-11-2012; Ord. No. 4492, § 3, 6-212016; Ord. No. 4498, § 3, 12-6-2016; Ord. No. 4520, § 3, 2-27-2018)

An accessory dwelling unit may be allowed on a lot that is zoned for single-family or multifamily use and proposes or contains an existing single-family dwelling and no other dwellings, other than an authorized farm worker or animal caretaker dwelling, subject to Section 8174-5. Accessory dwelling units shall comply with the

policies and provisions of the LCP, including all provisions of this Section (Section 8175-5.1.1) and the underlying zoning district, as well as County Building Code and Fire Code requirements. If any provision of this Article or the underlying development standards conflict with California Government Code Section 65852.2, the latter shall govern. Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 of the Public Resources Code).

(Ord. No. 4520, § 3, 2-27-2018)

8175-5.1.1.1 - Standards for an accessory dwelling unit created within the existing space of a single-family dwelling or attached accessory structure.

(a)

Pursuant to Section 8174-6.2.2, an application for a zoning clearance for an accessory dwelling unit created entirely within the existing space of a permitted single-family dwelling or within the existing space of a permitted accessory structure that is attached to the single-family dwelling shall be categorically exempt from a Coastal Development Permit, with the exception of those developments listed in Section 8174-6.2.2(c), and shall be approved ministerially without respect to the standards in Section 8175-5.1.1.2 if it meets all of the following:

(1)

The lot is zoned as one (1) of the following: Coastal Open Space (COS), Coastal Agricultural (CA), Coastal Rural (CR), Coastal Rural Exclusive (CRE), Coastal One-Family Residential (CR1), Coastal Two-Family Residential (CR2), Residential Beach (RB), Residential Beach Harbor (RBH) and Coastal Residential Planned Development (CRPD);

(2)

The accessory dwelling unit has independent exterior access;

(3)

The rear and side setbacks are deemed sufficient for fire safety as required by the Building Code; and

(4)

The creation of the accessory dwelling unit does not involve the addition of floor area to the existing structure.

Accessory dwelling units that meet the provisions of Section 8175-5.1.1.1(a) above shall comply with the following standards:

(b)

No parking requirements shall be imposed.

(c)

When a garage, carport or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, the replacement parking spaces for the principal dwelling unit may be located in any

configuration on the same lot as the accessory dwelling unit, including, but not limited to, covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts.

(d)

No more than one (1) accessory dwelling unit is allowed on each lot.

(Ord. No. 4520, § 3, 2-27-2018)

An application for an accessory dwelling unit that does not meet the provisions of Section 8175-5.1.1.1 shall require a Coastal Development Permit, without a public hearing, and comply with the following standards:

(a)

An accessory dwelling unit is allowed only on a lot that conforms to the minimum lot area standard for the zone in which it is located.

(b)

The gross floor area of an attached or detached accessory dwelling unit shall not exceed seven hundred (700) square feet.

(c)

An existing principal dwelling unit that meets the development standards for an accessory dwelling unit and does not exceed the height limit for accessory structures in the zone, may be designated the accessory dwelling unit and a separate principal dwelling unit may be permitted on the site. In such cases both the new principal dwelling unit and the accessory dwelling unit shall meet development standards for each use, including off-street parking requirements in Section 8176-3.7.

(d)

A setback of no more than five (5) feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage.

(e)

When a garage, carport or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, the replacement parking spaces for the principal dwelling unit may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts.

(f)

Parking requirements for accessory dwelling units listed in Section 8176-3.7 shall not apply if any of the following apply:

(1)

The accessory dwelling unit is located within one-half (½) mile of public transit; or

(2)

The accessory dwelling unit is located within a historic district; or

(3)

When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or

(4)

When there is a car share vehicle located within one (1) block of the accessory dwelling unit; or

(5)

The accessory dwelling unit is within the existing or proposed space of a permitted principal dwelling unit or within the existing space of a permitted attached accessory structure.

(g)

Parking for an accessory dwelling unit may be provided as tandem parking on a driveway. Additionally, the parking space for an accessory dwelling unit may encroach into a required front and/or interior side setback, provided that all of the following conditions are met:

(1)

The long dimension of the space is parallel to the centerline of the nearest driveway on the lots; and

(2)

On interior lots, a minimum three-foot side area adjacent to one (1) side lot line remains unobstructed by vehicles.

(h)

Notwithstanding Section 8175-5.1.1.2(g), above, parking for accessory dwelling units located within fire hazard areas, identified below, may not be located within setback areas or as tandem parking, unless the Ventura County Fire Protection District Fire Marshal or his/her designee determines that the proposed location of the accessory dwelling unit is within an area without known barriers to emergency service vehicle access:

(1)

The North Coast Subarea shown in Coastal Area Plan, Figure 3-2; and

(2)

The South Coast Subarea shown in Coastal Area Plan, Figure 3-6 where the accessory dwelling unit is located within the Santa Monica Mountains Overlay (M) zone or the existing community of Solromar. The M Overlay zone map is accessible in the GIS Department of the Resource Management Agency.

(i)

An accessory dwelling unit will not be allowed in areas where adequate water supply, water quality and sewage disposal cannot be demonstrated.

(j)

No more than one (1) accessory dwelling unit is allowed on each lot.

(k)

No other accessory structure shall be combined with a detached accessory dwelling unit, unless the combined total area of the accessory structure and accessory dwelling unit does not exceed seven hundred (700) square feet. This provision does not apply to accessory dwelling units built above a garage.

(l)

Mobilehomes may be used as accessory dwelling units, in accordance with Section 8175-5.1(d).

(m)

Accessory dwelling units shall not be rented on a transient occupancy basis (rental terms of less than thirty (30) consecutive days).

(n)

At the time of application, the owner of the property shall reside in the accessory dwelling unit or the primary dwelling unit. If the application is for construction of both the accessory dwelling unit and the primary dwelling unit, the owner shall agree to occupy either the accessory dwelling unit or the primary dwelling unit after construction.

(Ord. No. 4520, § 3, 2-27-2018)

8175-5.2 - Standards relating to animals. 8175-5.2.1 - Apiculture.

a.

Street Separation—No occupied apiary shall be located or maintained within 150 feet of any public road, street or highway, or as modified by the Agricultural Commissioner.

b.

Apiary Location—An occupied apiary shall be located or maintained a safe distance from an urbanized area. For the purpose of this section, an urbanized area is defined as an area consisting of a minimum of 30 acres, with a minimum density of 90 dwelling units. As the size of the area increases, the number of dwelling units must increase proportionately by a minimum of three dwelling units per acre. A "safe distance" shall be determined after investigation by the Agricultural Commissioner.

c.

Dwelling Separation—No occupied apiary shall be located or maintained within 400 feet of any dwelling on adjacent property.

d.

Property Line Separation—No occupied apiary shall be located or maintained within 50 feet of any property line common to other property except that it may be adjoining the property line when such other property contains an apiary, or upon mutual agreement for such location with the adjoining property owner.

e.

Water—Available adequate and suitable water supply shall be maintained on the property near the apiaries at all times.

All aviaries are subject to the following standards:

a.

No on-site retail sales are permitted.

b.

The lot shall meet the minimum area requirements of the zone.

c.

All birds shall be kept, confined, housed, or maintained not less than 40 feet from any residence, dwelling, or other structure used for human habitation on adjacent property.

d.

All birds shall be maintained in a sanitary condition at all times and shall not cause or tend to cause conditions detrimental or injurious to the public health, safety, or general welfare.

e.

Birds kept in an aviary shall be limited to domestic birds, as defined in Article 2.

The keeping of birds of a type readily classifiable as being customarily incidental and accessory to a permitted principal dwelling is subject to the following:

(a)

The keeping of all birds provided for herein shall be for noncommercial purposes, shall be incidental to the principal dwelling, and shall conform to all other provisions of law governing same.

(b)

No bird, cage, or other enclosure shall be maintained within fifteen (15) feet of any window or door of any residence, dwelling, or other building used for human habitation other than the personal dwelling or residence of the owner or keeper thereof.

(c)

Such birds shall be maintained in a sanitary condition at all times and shall not cause or tend to cause conditions detrimental or injurious to the public health, safety, or general welfare.

(d)

The keeping of birds that are wild or nondomestic, or of a type not readily classifiable as being customarily incidental and accessory to a permitted principal dwelling, is not permitted.

(Ord. No. 4451, § 9, 12-11-2012)

Animal husbandry, and the keeping of animals and fowl as accessory to dwellings, shall conform to the following standards. NOTE: The offspring of animals are allowed and shall not be counted until they are weanable or self-sufficient age. Dogs and cats shall be counted at four (4) months of age or more.

(a)

Pet Animals. Each dwelling unit is permitted the following (in addition to the animal units permitted under Section 8175-5.2.4(b)):

==> picture [530 x 191] intentionally omitted <==

----- Start of picture text -----
COS Up to 4 of any 4 dogs 4 rabbits or other Domestic birds (must be
CA combination of the and domestic animals of kept inside the dwelling;
CR following: Chickens 4 cats similar size at maturity, see also Sec. 8175-
CRE (excluding roosters), caged. 5.2.3).
CR1 cooped Ducks and
similar fowl, penned
goose or turkey (limit 1),
penned
CR2, RB, CRPD
RBH 2 dogs and
2 cats*
----- End of picture text -----

*Any combination of dogs and cats totaling not more than four animals.

(b)

Farm Animals. Farm animals are permitted in accordance with the following table:

Notes to Animal Unit Table.

One Animal Unit Equals:

•

1 cow, bull, horse, pony, llama, mule or donkey;

•

or 3 sheep and/or female goats (or a combination thereof totaling 3);

•

or up to 6 of any combination of geese, swans or turkeys;

•

or up to 10 of any combination of chickens, ducks or game hens;

•

or 2 miniature horses, pigs, male goats, ostriches, peacocks or guinea fowl (or a combination thereof totaling 2);

•

or 20 fur-bearing animals, such as rabbits, and others of a similar size at maturity.

Other Notes

•

In calculations for permitted animals, fractional numbers are to be rounded to the lower whole number.

•

These separation requirements do not apply to pet animals.

•

Abutting lots that are under unified control, either through ownership or by means of a lease, may be combined in order to meet minimum area requirements for animal-keeping or to keep a larger number of animals, but only for the duration of such common ownership or lease, and only in zones that allow the keeping of animals as a principal use.

(c)

Notwithstanding the nonconforming use regulations in Section 8182-5, the farm animal regulations for the Santa Monica Mountains (M) overlay zone pursuant to Section 8175-5.2.4 shall only apply to animal keeping uses and structures that are established after 9-9-2022. Legally-established farm animal keeping uses in existence as of 9-9-2022 that do not conform to the standards in the table above (subsection (b)) may continue until the use is discontinued or the project site is redeveloped.

(d)

Within the Santa Monica Mountains (M) overlay zone, or within five hundred (500) feet of habitats identified as habitat connectivity corridors (see Section 8178-2.7.5), the conditions of approval for new development shall include a requirement that any small to mid-size animal (e.g., chickens, goats, sheep, and llamas) that is subject to predation from wild animals (e.g., mountain lion, coyote, bobcat) will be kept in a wildlife-proof structure approved by the County. The Planning Director may grant an exception to this requirement based on a finding supported by substantial evidence that the applicant has proposed and will implement a recognized, alternative method for protecting livestock (e.g., use of Anatolian Shepard Dog). See Section 8178-2.6.11 for additional standards associated with animal keeping in ESHA or buffer zones.

(Ord. No. 4451, § 9, 12-11-2012; Ord. No. 4586, 10-19-2021)

The following standards shall apply to all kennels:

(a)

No more than one (1) adult dog over four (4) months old per four thousand (4,000) square feet of lot area shall be allowed as part of any kennel.

(b)

No more than fifty (50) dogs per lot shall be allowed as part of any kennel.

(Ord. No. 4451, § 9, 12-11-2012)

Campgrounds shall be developed in accordance with the following standards:

8175-5.3.2 - At least 75 percent of the total site shall be left in its natural state or be landscaped, the remaining 25 per cent land is eligible for development.

(Am. Ord. 3882—12/20/88)

8175-5.3.3 - Each individual camp site shall be no less than 1000 sq. ft. and there shall be no more than 9 sites per developable acre. Group camp sites shall be designed to accommodate no more than 25 people per acre.

(Add. Ord. 3882—12/20/88)

8175-5.3.4 - Where needed to enhance aesthetics or to ensure public safety, a fence, wall, landscaping screen, earth mound, or other screening approved by the Planning Director shall enclose the campground.

8175-5.3.5 - Utility conduits shall be installed underground in conformance with applicable state and local regulations.

8175-5.3.6 - The design of structures and facilities, and the site as a whole, shall be in harmony with the natural surroundings to the maximum feasible extent.

(Am. Ord. 3882—12/20/88)

8175-5.3.7 - Trash collection areas shall be adequately distributed and enclosed by a six (6) foot high landscape screen, solid wall or fence that is accessible on one (1) side.

(Repealed as 8175-5.3.10 and Re-enacted as 8175-5.3.7 by Ord. 3882—12/20/88; Ord. No. 4451, § 9, 12-112012)

8175-5.3.8 - Off-road motor vehicle uses are not permitted.

(Repealed as 8175-5.3.3 and Re-enacted as 8175-5.3.8 by Ord. 3882—12/20/88)

8175-5.3.9 - The following standards apply to structures on the site, apart from the personal residence(s) of the property owner, campground director/manager, or caretaker:

(Add. Ord. 3882—12/20/88)

8175-5.3.9.1 - Structures are limited to restrooms/showers and a clubhouse for cooking and/or minor recreational purposes.

(Repealed as 8175-5.3.7 and Re-enacted as 8175-3.9.1 by Ord. 3882—12/20/88)

8175-5.3.9.2 - There shall not be more than one set of enclosed, kitchen-related fixtures.

(Repealed as 8175-5.3.7, Re-enacted as 8175-5.3.9.2 by Ord. 3882—12/20/88).

8175-5.3.9.3 - There shall be no buildings that are used or intended to be used for sleeping.

(Repealed as 8175-5.3.9 and Re-enacted as 8175-5.3.9.3 by Ord. 3882—12/20/88)

8175-5.3.10 - Campgrounds may include minor accessory recreational uses such as swimming pools (limit one) and tennis courts.

(Repealed as 5175-5.3.8 and Re-enacted as 8175-5.3.10 by Ord. 3882—12/20/88)

8175-5.3.11 - Outdoor tent camping is permitted.

(Repealed as 8175-5.3.9 and Re-enacted as 8175-5.3.11 by Ord. 3882—12/20/88)

8175-5.3.12 - No hook-ups for recreational vehicles are allowed.

(Add. Ord. 3882—12/20/88)

8175-5.3.13 - Occupation of the site by a guest shall not exceed 30 consecutive days.

(Add. Ord. 3882—12/20/88)

8175-5.3.14 - Parking standards.

Parking Standards—See Article 6.

(Add. Ord. 3882—12/20/88; Ord. No. 4492, § 3, 6-21-2016)

8175-5.4 - Camps.

Camps shall be developed in accordance with the following standards:

8175-5.4.1 - Minimum lot area shall be ten acres, except in the case of camps under permit prior to the adoption of this ordinance, in which case no minimum lot area is specified.

8175-5.4.2 - Overnight population of guests and staff shall be limited by the following calculations: 8175-5.4.2.1 - Camps on property zoned Coastal Rural (CR) - lot size in acres × 2.56 = the maximum number of persons to be accommodated overnight.

8175-5.4.2.2 - Camps on property zoned Coastal Rural Exclusive (CRE) - lot size in acres × 10.24 = the maximum number of persons to be accommodated overnight.

(Ord. No. 4451, § 9, 12-11-2012)

8175-5.4.3 - Total daily on-site population of guests and staff shall be limited by the following calculations: 8175-5.4.3.1 - Camps on property zoned Coastal Rural (CR) - 5.12 × lot size in acres = total population allowed on site.

8175-5.4.3.2 - Camps on property zoned Coastal Rural Exclusive (CRE) - 20.48 × lot size in acres = total population allowed on site.

8175-5.4.3.3 - A larger total daily population may be allowed for special events, the frequency to be determined by the camp's Use Permit.

(Ord. No. 4451, § 9, 12-11-2012)

8175-5.4.4 - Building intensity shall be limited by the following standards: 8175-5.4.4.1 - Overnight accommodations.

Structures or portions of structures intended for sleeping and restrooms/showers (excepting those for permanent staff as defined in Section 8175-5.4.4.3) shall be limited to a collective average of 200 square feet per overnight guest and staff allowed per Section 8175-5.4.2 (Overnight population).

8175-5.4.4.2 - All other roofed structures or buildings.

The total allowed square footage of all structures other than sleeping and restroom/shower facilities shall be limited to 100 square feet per person allowed per Section 8175-5.4.3 (Total daily on-site population).

8175-5.4.4.3 - The residence(s) of a limited number of permanent staff such as the director, manager or caretaker are exempt from the limitations of Section 8175-5.4.4.1 (Overnight Accommodations).

8175-5.4.4.4 - Since the two building intensity standards (Overnight and Total Daily) address distinctly different facilities, they shall not be interchangeable or subject to borrowing or substitutions.

8175-5.4.5 - Camp facilities shall have adequate sewage disposal and domestic water. 8175-5.4.6 - Camp facility lighting shall be designed so as to not produce a significant amount of light and/or glare at the first off-site receptive use.

8175-5.4.7 - Camp facilities shall be developed in accordance with applicable County standards so as not to produce a significant amount of noise.

8175-5.4.8 - Occupation of the site by a guest shall not exceed 30 consecutive days.

8175-5.4.9 - To ensure that the site remains an integral and cohesive unit, specific methods such as the following should be employed on a case-by-case basis: open space easements requiring CC&R's that restrict further use of the land with the County as a third party; low density zoning to prevent subdivision of the site; and merger of parcels to create one parcel covering the entire site.

8175-5.4.10 - To avoid the loss of the site's natural characteristics several methods should be employed on a case-by-case basis to preserve these values: 60% of the total site should remain in its natural state or be landscaped and only passive recreational uses should be permitted.

8175-5.4.11 - Parking standards.

Parking Standards—See Article 6.

(Add. Ord. 3882—12/20/88; Ord. No. 4492, § 3, 6-21-2016)

8175-5.5.1 - Mobilehome parks shall be developed in accordance with all applicable standards, including density standards (number of dwellings per unit of lot area), of the zone in which the mobilehome park is located.

8175-5.5.2 - A mobilehome park may include, as part of an approved permit, recreational and clubhouse facilities and other accessory uses.

8175-5.6 - Film production, temporary.[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 4492, § 3, adopted June 21, 2016, amended § 8175-5.6 in its entirety, in effect repealing and replacing said section to read as herein set out. Former § 8175-5.6, pertained to motion picture and TV production, temporary, and derived from Ord. No. 4451, § 9, 12-11-2012.

a.

Film Permit. A film permit in the form of a Planned Development Permit or Zoning Clearance is required for all film production activities, unless exempt from film permit requirements pursuant to Section 8174-5.

b.

A Coastal Development Permit or exemption is required from the Commission for areas where the California Coastal Commission retains coastal development permit authority as shown on the Post Local Coastal Plan Certification Permit and Appeals Jurisdiction Maps for the County (as available in the Planning Division). The

California Coastal Commission Permit Jurisdiction includes state waters, lands below the mean high tide line, and lands subject to the public trust.

c.

Possession of an approved California Coastal Commission Coastal Development Permit or exemption, Planned Development Permit or Zoning Clearance shall not relieve the applicant of the responsibility of securing and complying with any other permit which may be required by other County, state or federal laws.

d.

An approved County film permit, or an approved California Coastal Commission Coastal Development Permit, shall be in the possession of the permittee at all times during film production activities.

e.

Film permits are non-transferable and cannot be assigned to any other person, agency, or entity. A copy of the film permit shall be kept onsite and located in an easily accessible location in the event the County or other government official requests verification that the film production activities are authorized by a film permit.

(Ord. No. 4492, § 3, 6-21-2016)

a.

A Planned Development Permit shall be required for film production activities, or access to a film permit area, that meets one or more of the following criteria:

1.

Film production activities would last more than fourteen (14) days and less than one hundred eighty (180) days in duration;

2.

May directly or indirectly impact an environmentally sensitive habitat area (ESHA). For example, a direct impact could be the removal of major vegetation in order to construct a film set, and an indirect impact could be the introduction of loud and persistent noise or intense light that would harm animals with a low tolerance for these types of effects;

3.

Would include grading or landform alteration;

4.

Would restrict public access to public recreation areas; or

b.

Would result in inadequate coastal access parking. For the purpose of this subsection, inadequate coastal access parking would occur if a base camp or temporary film production activities occupy one or more public parking spaces used for coastal beach access.

c.

Planned Development Permits shall not be issued for film production activities located on a sandy beach within Ventura County's permit jurisdiction during weekends or holidays of the peak summer months (Memorial Day through Labor Day).

(Ord. No. 4492, § 3, 6-21-2016)

a.

A Zoning Clearance is required for film production activities occurring in private homes or within legally developed areas that do not include ESHA.

b.

A Zoning Clearance is required for film production activities located on improved roads that are adjacent to ESHA or an ESHA buffer. Neither the film set nor the film base camp shall encroach upon ESHA.

c.

A Zoning Clearance is required for film production activities that will last 14 days or less in duration.

(Ord. No. 4492, § 3, 6-21-2016)

(a)

Outside the peak summer months between Memorial Day and Labor Day, film production activities on all sandy beach areas within the County's permit jurisdiction shall be authorized by a Zoning Clearance, provided that all of the following criteria are met:

(1)

The film production activities will be fourteen (14) days or less in duration;

(2)

The film production activities are located at least one hundred (100) feet from all tide pools, coastal dune habitats, and tributaries that discharge into the ocean;

(3)

The film production activities are located outside any ESHA or buffer zone;

(4)

Public access will be maintained to and along the coast; and

(5)

Adequate coastal access parking is available for the general public.

(b)

During the peak summer months between Memorial Day through Labor Day, a Zoning Clearance shall only be approved if the film production activities meet all of the following criteria:

(1)

The film production activities comply with all requirements of Section 8175-5.6.1.2.1(a) above;

(2)

Film production activities that occupy a portion of the sandy beach area is scheduled on weekdays only, and not on any holiday; and

(3)

An off-site base camp will provide sufficient space for trailers, vehicles, equipment, catering services, etc.;

(4)

To avoid adverse impacts on the federally protected Western Snowy Plover (Charadrius alexandrinus nivosus) and California Least Tern (Sterna antillarum browni), no filming shall be permitted on Hollywood Beach during the species' breeding season of March 1 through September 31.

(Ord. No. 4492, § 3, 6-21-2016; Ord. No. 4586, 10-19-2021)

a.

A film permit application shall be signed by the applicant or authorized agent thereof and filed with the Planning Division in accordance with Section 8181-5. In addition to the information required pursuant to Section 8181-5, the application shall include, but not necessarily be limited to, the following information and materials:

1.

A site map using an aerial image of the film location and film permit area(s). The site map shall include the following information:

i.

Street address for all film permit locations;

ii.

Assessor Parcels Number(s) for all film permit locations;

iii.

Delineation of the film permit area boundary(ies);

iv.

Graphic representation and labeling of the film production activities including but not limited to the film base camp, location of generators, lighting and audio equipment.

b.

Until a film permit is issued, the applicant may, upon written request to the Planning Division, change the film permit location, the film permit area, or the time or date of film production activities without the submittal of a new permit application or payment of permit modification fees.

c.

Once a film permit is issued, a film permit modification and payment of film permit modification fee(s) shall be required for any change to a film permit.

d.

Film permit applications shall be processed in accordance with the applicable provisions of Article 11, Entitlements—Process and Procedures.

1.

Zoning Clearance—A minimum of three (3) working days is required to process a Zoning Clearance film permit. If neighborhood consent is a prerequisite to permit approval pursuant to Section 8175-5.6.5, a minimum of five (5) working days is required to process a film permit.

2.

Planned Development Permit—The public hearing for a Planned Development Permit may be waived pursuant to Section 8181-6.2.3. Following the approval of a Planned Development Permit, the permittee shall obtain a separate Zoning Clearance prior to initiating the permitted use or activity in accordance with Section 8181-3.1.

(Ord. No. 4492, § 3, 6-21-2016)

A film permit modification application may be filed by the permittee with the Planning Division and shall be processed pursuant to Article 11, Section 8175-5.6.2, and the following provisions, as applicable.

a.

Ministerial Modification. Notwithstanding Section 8181-10.4.1, ministerial modifications to Zoning Clearance or Planned Development Permit film permits shall be limited to the following, and shall be requested by the permittee as follows:

Adding and/or changing film production preparation, striking, filming days consistent with the duration in Section 8174-5, Film Production Temporary.

2.

Adding and/or changing film production activities, film permit locations and/or film permit areas, consistent with Section 8175-5.6.1, as applicable.

3.

Extending the film permit's time period provided that the total days authorized by the film permit were not used because of inclement weather or similar delay. The number of days added to the permit must be the minimum necessary to complete the filming and in no case shall exceed the total number of film permit days that may be authorized with a Zoning Clearance.

4.

If adding or changing a film permit location and/or film permit area, a completed new film location form and revised site map pursuant to Section 8175-5.6.2(d) shall be submitted.

5.

Modification applications shall be submitted to the Planning Division prior to the end of post-production film striking. If post production film striking has concluded, a new film permit is required.

6.

A revised neighborhood consent may be required pursuant to Section 8175-5.6.5 to authorize the requested ministerial modification.

7.

Modifications shall not lessen the effectiveness of the conditions of the issued film permit and must be consistent with all other provisions of Section 8175-5.6 and the Local Coastal Plan.

b.

New Film Permit Required. If a Zoning Clearance or Planned Development Permit film permit is not eligible for a ministerial modification pursuant to Section 8175-5.6.3(a) above, a new film permit shall be required.

(Ord. No. 4492, § 3, 6-21-2016)

8175-5.6.4 - Standards for film production activities in all zones.

Film production activities shall be carried out in accordance with the following regulations:

(a)

Hours.

(1)

All film production activities shall occur between the hours of 7:00 a.m. and 10:00 p.m. on weekdays and between the hours of 8:00 a.m. and 8:00 p.m. on weekends.

(2)

Film production activities that occur outside the hours identified in subsection (1) above require neighborhood consent (see Section 8175-5.6.5).

(b)

Film Permit Area.

(1)

All film production activities, including but not limited to the operation of a film base camp, film equipment placement and operation, catering, film production preparation, striking, and filming, shall be confined to the boundaries of the film permit area(s) designated on the site plan approved with the film permit.

(2)

Removing, trimming or cutting of native vegetation or protected native and non-native trees is prohibited except where such activities are authorized pursuant to Section 8178-7.

(3)

Film production activities shall not change, alter, modify, remodel, remove or significantly affect any eligible or designated cultural heritage site.

(4)

Film production activities shall not result in permanent alteration to the filming location or surrounding area. The permittee shall restore the filming location to a condition equivalent to its pre-filming condition following film production, striking.

(5)

Production vehicles, cast, and crew responsible for the production of a motion picture, television show, music video, advertisement, web production or film still photography shall not arrive at the film location prior to the hours specified in the permit.

(6)

All film production activities, including but not limited to the film base camp, film equipment placement and operation, catering, film production preparation, striking and filming, shall comply with the provisions of Section 8175-5.6, and all other applicable provisions of this Chapter and the certified Local Coastal Program.

(7)

Film production activities shall not remove or alter vegetation or landforms within ESHA, its 100-foot buffer, or otherwise adversely impact an ESHA.

(8)

Except where permitted by a Planned Development Permit, film production activities shall not occupy a public recreational area in a manner that would preclude use by the general public.

(9)

Film production activities conducted at any time between Memorial Day through Labor Day, and located within one (1) mile of the beach, shall not cause traffic delays that exceed three (3) minutes on any public road.

(10)

Film production activities shall maintain public access to and along the coast including areas upcoast and downcoast of the subject film permit area and where feasible, passage around the site on wet sand or dry sand areas.

(11)

Film production activities shall minimize grading and landform alteration.

(c)

Noise and Lighting. Noise and lighting shall not create a nuisance upon nor otherwise negatively impact neighboring areas or ESHA as follows:

(1)

Film pyrotechnics and film special effects that emit sound associated with gunfire or similar devices shall be prohibited in ESHA or within one hundred (100) feet of ESHA.

(2)

Except as permitted with neighborhood consent (see Section 8175-5.6.5), lighting used for the illumination of film production activities (such as perimeter lighting, flood lighting, and external lighting) shall only be permitted when the light source is hooded or shielded so that no direct beams from the film production activities fall upon public streets, highways or private property not located within the film permit area(s).

(3)

Temporary exterior night lighting is prohibited in ESHA. Within areas adjacent to ESHA, temporary exterior night lighting may be allowed if the light source is hooded and shielded so that no light trespass from the film production activities fall upon ESHA.

(Ord. No. 4492, § 3, 6-21-2016; Ord. No. 4586, 10-19-2021)

a.

A neighborhood consent waiver form, described in subpart (c) below, that contains one or more names and signatures from occupants residing in the majority (more than fifty (50) percent) of the households located within the "surrounding community", as defined in subpart (b) below, shall be obtained by the applicant and submitted to the Planning Division prior to the issuance of a film permit for the following:

Temporary film production activities that occur in the Residential Beach (RB) and Residential Beach Harbor (RBH) zones.

2.

Film production activities that occur outside the hours specified in Section 8175-5.6.4(a).

3.

Road closures that exceed three minutes (see exception in Section 8175-5.6.4(b)(9)).

4.

Loud noise emanating from such sources as gunfire, aircraft used for the purpose of film production activities, amplified music or amplified sound mixing.

5.

Exterior night lighting that extends beyond the boundaries of the film permit area(s).

6.

Film special effects that extend beyond the boundaries of the film permit area(s).

b.

Surrounding Community. For purposes of Section 8175-5.6.5, "surrounding community" means:

1.

Dwellings and dwelling units on parcels within three hundred (300) feet of the boundary of the film permit location when film production activities are located in areas designated CC, CRE, CR1, CR2, RB, RBH, and CRPD.

2.

Dwellings and dwelling units on parcels within one thousand (1,000) feet of the boundary of the film permit area when film production activities are located in areas designated COS, CA, CR, and M Overlay.

c.

Neighborhood Consent Waiver Form. The Planning Division shall provide the applicant with a radius map, address list, and neighborhood consent waiver form. The neighborhood consent waiver form shall include the following information relating to the proposed film production activities:

1.

Date(s) and time(s);

A map, address, or description of the specific location if there is no assigned address;

3.

A brief description of the film production activities that require neighborhood consent per Section 8175-5.6.5; and

4.

Name and telephone number(s) of the location manager or representative of the production company.

d.

For the purposes of Section 8175-5.6.5, "households" as used in subpart (a), mean all dwellings and dwelling units including accessory dwelling units, duplexes, mobile homes, etc., not having an assigned address but located within the surrounding community.

e.

If the applicant fails to obtain the necessary neighborhood consent, the film production activities may be modified and a revised neighborhood consent waiver form can be recirculated to the surrounding community.

f.

If the applicant fails to obtain the necessary neighborhood consent, the film permit shall not be approved unless modified to remove all film production activities that require neighborhood consent.

(Ord. No. 4492, § 3, 6-21-2016; Ord. No. 4520, § 3, 2-27-2018)

Footnotes:

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Editor's note— Ord. No. 4567, § 1, adopted Nov. 10, 2020, repealed the former § 8175-5.7, §§ 8175-5.7.1— 8175-5.7.8, and enacted a new § 8175-5.7 as set out herein. The former § 8175-5.7 pertained to similar subject matter and derived from Ord. 4249, adopted Nov. 20, 2001; Ord. No. 4451, § 9, adopted Dec. 11, 2012; and Ord. No. 4492, § 3, adopted June 21, 2016.

The purpose of this Section 8175-5.7 is to establish reasonable and uniform limitations, safeguards and controls for oil and gas exploration and production operations within the coastal portions of the unincorporated area that will allow for the reasonable use of important resources. The regulations in this section shall also ensure that development activities will be conducted in harmony with other land uses and that the rights of surface and mineral owners are balanced. The standards of this section shall apply to all development activities as provided herein, even within areas covered by existing discretionary permits. However, the permitting requirements shall not apply to any specific development for which the applicant has been granted a claim of vested rights by the Coastal Commission on the basis of a discretionary permit. For any such development, no new discretionary permit is required pursuant to this Chapter.

(Ord. No. 4567, § 1, 11-10-2020)

Section 8175-5.7 shall apply to all oil and gas exploration and production operations, as provided herein:

a.

All existing oil and gas exploration and production operations are subject to the oil development operational standards set forth in Section 8175-5.7.8 to the extent: (i) such standards would impose greater restrictions than those set forth in existing permit conditions, laws, or regulations applicable to the operation, and (ii) application of such standards would not impair any vested right of an operator under California law.

b.

The oil development design guidelines set forth in Section 8175-5.7.7 and the oil development operational standards set forth in Section 8175-5.7.8 shall be utilized to evaluate consistency of proposed development with this Chapter and to develop conditions of approval for all new, adjusted and modified discretionary permits authorizing oil and gas exploration and production operations.

c.

Notwithstanding any provision set forth in Article 12 of this Chapter, a new conditional use permit or discretionary site plan adjustment or permit modification, as applicable, is required under this Chapter to authorize any new oil and gas exploration and production operation, or component thereof, including but not limited to: (1) the drilling of any new well unless specifically identified by location and number in an active discretionary permit issued under this Chapter; (2) the re-drilling or deepening of any existing well unless specifically authorized by an active discretionary permit issued under this Chapter; or (3) the installation of any permanent structure unless the structure is specifically identified by an active discretionary permit issued under this Chapter or unless the structure replaces an existing structure with the same dimensions at the same location. This subsection (c) does not apply to maintenance and repair activities.

d.

The provisions of Section 8175-5.7 shall also apply to oil and gas exploration and production operations upon federally owned lands. Pursuant to the provisions of the Mineral Leasing Act of 1920 (30 U.S.C. Section 181 et seq.), operations conducted on federally owned lands do not require issuance of a land use development permit from the County; however, the review and permitting of such projects by federal agencies should take into account the provisions of Section 8175-5.7.

(Ord. No. 4567, § 1, 11-10-2020)

Unless otherwise defined herein, or unless the context clearly indicates otherwise, the definition of petroleumrelated terms shall be that used by the California Geologic and Energy Management Division (CalGEM).

(Ord. No. 4567, § 1, 11-10-2020)

Notwithstanding any other provisions of this Chapter, new energy or industrial facilities, except onshore pipelines, are prohibited on: land between U.S. Highway 101 (Ventura Freeway) and the shoreline; Harbor Boulevard and the shoreline; Highway 1 and the shoreline; and on land in any "residential" or "recreational" designation on the LCP Land Use Plan, or identified as environmentally sensitive habitat or buffer area.

(Ord. No. 4567, § 1, 11-10-2020)

a.

No oil or gas exploration or production related use may commence without or be inconsistent with a Conditional Use Permit approved pursuant to this Chapter. Furthermore, a Zoning Clearance must be obtained by the permittee to confirm consistency with this Chapter and Conditional Use Permit prior to drilling every well, commencing site preparation for such well(s), and/or expansion of existing facilities, including re-drilling of existing wells or changing from a producing well to a water injection well, or installing related appurtenances as defined by the Planning Director, or prior to abandonment.

b.

A single Zoning Clearance may be issued for more than one (1) well, drill site, structure or appurtenance; however, the construction or installation of each separate improvement must commence within one hundred eighty (180) days of issuance. All well drilling conducted under a single Zoning Clearance must be completed within one (1) year of issuance or a new Zoning Clearance shall be required.

c.

Possession of an approved Conditional Use Permit and Zoning Clearance shall not relieve the operator of the responsibility of securing and complying with any other permit that may be required by other County ordinances, or state or federal laws. No condition of a Conditional Use Permit for uses allowed by this Chapter shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental agency. When more than one (1) set of rules apply, the stricter one shall take precedence.

(Ord. No. 4567, § 1, 11-10-2020)

A development plan shall accompany the application for all new, adjusted or modified discretionary permits, and shall include the following information:

a.

The location of drilling and/or production sites, storage tanks, pipelines and access roads.

b.

Plans for the consolidation, to the maximum extent feasible, of drilling and/or production facilities, as well as accessory facilities.

c.

A phasing plan for the staging of development that indicates the approximately anticipated timetable for project installation, completion and decommissioning.

d.

A plan for eliminating or substantially mitigating adverse impacts on habitat areas, prime agricultural lands, recreational areas, scenic resources and archaeological sites due to siting, construction, or operation of facilities.

e.

Grading plans for all facilities requiring the movement of greater than fifty (50) cubic yards of dirt. For any development requiring a grading permit, either (1) a Storm Water Pollution Control Plan (SWPCP) shall be prepared, submitted, and approved in accordance with the Ventura County Municipal Storm Water Permit, Order No. 00-108, Part 4 - Special Provisions, D. Programs for Construction Sites, or (2) a Storm Water Pollution Prevention Plan (SWPPP) shall be prepared submitted, and approved in accordance with the State General Permit for Storm Water Discharges Associated with Construction Activity, whichever is applicable.

f.

A description of means by which all oil and gas will be transported off-site to a marketing point.

g.

A description of the procedures for the transport and disposal of all solid and liquid wastes.

h.

Oil spill prevention and control measures.

i.

Fire prevention procedures.

j.

Emission control equipment.

k.

Procedures for the abandonment and restoration of the site.

l.

Compliance with any other requirement of the Ventura County Ordinance Code related to oil and gas development.

m.

All facilities supporting oil and gas development must comply with the terms and requirements of the State General Industrial Activities Stormwater Permit, including the development and submittal of a Stormwater Pollution Prevention Plan.

(Ord. No. 4567, § 1, 11-10-2020)

The general oil development design guidelines that follow shall be used in the evaluation of projects and development of conditions that will help ensure that oil development projects generate minimal negative impacts on the environment. The guidelines shall be applied whenever physically and economically feasible and practicable, unless the strict application of a particular guideline would otherwise defeat the intent of other guidelines. An applicant should use the guidelines in the design of the project and anticipate their use as potential permit conditions, unless the applicant can demonstrate that they are not feasible or practicable. More restrictive requirements may be imposed on a project through the conditions of the permit.

a.

Permit areas and drill sites shall generally coincide and shall be only as large as necessary to accommodate typical drilling and production equipment.

b.

The number of drill sites in an area shall be minimized by using centralized drill sites, directional drilling, and other techniques.

c.

Drill sites and production facilities shall be located so that they are not readily seen. All permanent facilities, structures, and aboveground pipelines on the site shall be colored so as to mask the facilities from the surrounding environment and uses in the area. Said colors shall also take into account such additional factors as heat buildup and designation of danger areas. Said colors shall be approved by the Planning Director prior to the painting of facilities.

d.

Permittees and operators shall share facilities such as, but not limited to, permit areas, drill sites, access roads, storage, production and processing facilities and pipelines.

e.

The following standards apply to the installation and use of oil and gas pipelines:

1.

Pipelines shall be used to transport petroleum products offsite to promote traffic safety and air quality. Transshipment of crude oil through an onshore pipeline for refining shall be a condition of approval for expansion of existing processing facilities or construction of new facilities.

i.

Where pipeline connections are not available or feasible, oil products may be removed by truck. All tanker trucking shall be limited to Monday through Saturday, between the hours of 7:30 a.m. and 6:30 p.m. of the same day. Except under emergency circumstances, as determined by the Planning Director, no more than two (2) equivalent round-trip tanker truck trips per day shall be permitted to haul oil and waste products generated

from an area under an oil permit through residential streets unless the Planning Director authorizes additional trips.

2.

New pipeline corridors shall be consolidated with existing pipeline or electrical transmission corridors where feasible, unless there are overriding technical constraints or significant social, aesthetic, environmental, or economic reasons not to do so. Installation of pipelines and utility lines (as applicable) shall be within the road prism of project access roads, to the extent practicable, to prevent additional loss of habitat.

3.

When feasible, pipelines shall be routed to avoid important coastal resource areas, such as recreation, sensitive habitats and archaeological areas, as well as geological hazard areas. Unavoidable routing through recreation, habitat, or archaeological areas, or other areas of a significant coastal resource value, shall be done in a manner that minimizes the impacts of potential spills by considering spill volumes, duration, and projected paths. New pipeline segments shall be equipped with automatic shutoff valves, or suitable alternatives approved by the Planning Director, so that each segment will be isolated in the event of a break.

4.

Upon completion of pipeline construction, the site shall be restored to the approximate previous grade and condition. All sites previously covered with native vegetation shall be re-seeded with the same, or recovered with the previously removed vegetative materials, and shall include other measures as deemed necessary to prevent erosion until the vegetation can become established, and to promote visual and environmental quality.

5.

All offshore to onshore pipelines shall, where feasible, be located at existing pipeline landfall sites, and shall be buried from a point where wave action first causes significant bottom disturbance. In addition, landfall sites are prohibited from areas designated as "Residential" or shown as "environmentally sensitive habitat area."

6.

Except for pipelines exempted from permit requirements under Section 30610 of the Coastal Act as defined by the State Coastal Commission's Interpretive guidelines, a survey by a qualified expert in biological resources shall be conducted along the route of any pipeline in the coastal zone to determine what, if any, coastal resources may be impacted by construction and operation of a pipeline and to recommend any feasible mitigation measures. The costs of this survey shall be borne by the applicant, and may be conducted as part of environmental review if an EIR or Mitigated Negative Declaration is required for a particular project; or otherwise conducted prior to the issuance of any permit pursuant to this Chapter. The recommended mitigation measures shall be incorporated as part of the permit.

7.

Prior to issuance of any permit or permit modification pursuant to this Chapter, a geologic investigation shall be performed by a qualified geologist or engineering geologist where a proposed petroleum pipeline route crosses potential faulting zones, seismically active areas, or moderately high to high risk landslide areas. This report shall investigate the potential risk and recommend such mitigation measures as pipeline route changes and/or engineering measures to help assure the integrity of the pipeline and minimize erosion, geologic instability, and

substantial alterations of the natural topography. The recommended measures shall be incorporated as conditions of the permit.

f.

Cuts or fills associated with access roads and drill sites shall be kept to a minimum to avoid erosion and visual impacts. They shall be located in inconspicuous areas, and generally not exceed ten (10) vertical feet. Cuts and fills shall be restored to their original grade once the use has been discontinued.

g.

Gas from wells shall be piped to centralized collection and processing facilities, rather than being flared, to preserve energy resources and air quality, and to reduce fire hazards and light sources. Oil shall also be piped to centralized collection and processing facilities, in order to minimize land use conflicts and environmental degradation, and to promote visual quality.

h.

Wells shall be located a minimum of eight hundred (800) feet from occupied sensitive uses. Private access roads to drill sites shall be located a minimum of three hundred (300) feet from occupied sensitive uses, unless this requirement is waived by the occupant.

i.

Oversized vehicles shall be preceded by lead vehicles, where necessary for traffic safety.

j.

In the design and operation of new or modified oil and gas production facilities, best accepted practices in drilling and production methods shall be utilized, to eliminate or minimize to the maximum extent feasible any adverse impact on the physical and social environment. To this end, dust, noise, vibration, noxious odors, intrusive light, aesthetic impacts and other factors of nuisance and annoyance shall be reduced to a minimum or eliminated through the best accepted practices incidental to the exploration and production of oil and gas.

k.

Any production shipping tanks(s) installed on the subject permit site shall have a collective rated capacity only as large as necessary to service any particular drill pad(s).

l.

All proposed energy and industrial facilities shall be so sited and designed in compliance with CEQA requirements to eliminate or reduce, to the maximum extent feasible, impacts to biological, geological, archaeological, paleontological, agricultural, visual, recreational; air and water quality resources, and any other resources that may be identified.

m.

In sensitive resource areas, the extent of construction and ground surface disturbance shall be reduced to a minimum by restricting construction activities and equipment within narrow, limited, and staked work corridors and storage areas.

(Ord. No. 4567, § 1, 11-10-2020)

The following are minimum operational standards and requirements, which shall be applied pursuant to Section 8175-5.7.2. More restrictive requirements may be imposed on a project through the conditions of the permit.

a.

Setbacks. Wells shall be located a minimum of eight hundred (800) feet from an occupied sensitive use. Private access roads to drill sites shall be located a minimum of three hundred (300) feet from occupied sensitive uses, unless a waiver is signed pursuant to Section 8175-5.7.8(w) In addition, no well shall be drilled and no equipment or facilities shall be permanently located within:

1.

One hundred (100) feet of any dedicated public street, highway or nearest rail of a railway being used as such, unless the new well is located on an existing drill site and the new well would not present a safety or right-ofway problem. If aesthetics is a problem, then the permit must be conditioned to mitigate the problem.

2.

Five hundred (500) feet of any building or dwelling not necessary to the operation of the well, unless a waiver is signed pursuant to Section 8175-5.7.8(w), allowing the setback to be reduced. In no case shall the well be located less than one hundred (100) feet from said structures.

3.

Eight hundred (800) feet of any institution, school or other building used as a place of public assemblage, unless a waiver is signed pursuant to Section 8175-5.7.8(w), allowing the setback to be reduced. In no case shall the well be located less than three hundred (300) feet from said structures.

4.

Three hundred (300) feet from the edge of the existing banks of "Red Line" channels as established by the Ventura County Flood Control District (VCFCD) and one hundred (100) feet from the existing banks of all other channels appearing on the most current United States Geological Service (USGS) 2,000-foot scale topographic map as a blue line. These setbacks shall prevail unless the permittee can demonstrate to the satisfaction of the Public Works Agency that the subject use can be safely located nearer the stream or channel in question without posing an undue risk of water pollution, damage to wildlife and habitat, or impairment of flood control interests. In no case shall setbacks from streams or channels be less than fifty (50) feet. All drill sites located within the 100-year flood plain shall be protected from flooding in accordance with Flood Control District requirements.

5.

The applicable setbacks for accessory structures for the zone in which the use is located.

6.

One hundred (100) feet from any marsh, small wash, intermittent lake, intermittent stream, spring or perennial stream appearing on the most current USGS 2,000-foot scale topographic map, unless a qualified biologist, approved by the County, determines that there are no significant biological resources present or that this standard setback should be adjusted.

b.

Obstruction of Drainage Courses. Drill sites and access roads shall not obstruct natural drainage courses. Diverting or channeling such drainage courses may be permitted only with the authorization of the Public Works Agency.

c.

Removal of Equipment. All equipment used for drilling, re-drilling, and maintenance work on approved wells shall be removed from the site within thirty (30) days of the completion of such work unless a time extension is approved by the Planning Director.

d.

Waste Handling and Containment of Contaminants. Oil, produced water, drilling fluids, cuttings, and other contaminants associated with the drilling, production, storage, and transport of oil shall be contained on the site unless properly transported off-site or injected into a well, treated or re-used in an approved manner onsite or, if allowed, off-site. Appropriate permits, permit modifications or approvals must be secured when necessary, prior to treatment or re-use of oil field waste materials. The permittee shall furnish the Planning Director with a plan for controlling oil spillage and preventing saline or other polluting or contaminating substances from reaching surface or subsurface waters. The plan shall be consistent with the requirements of the County, state and federal government.

e.

Securities. Prior to the commencement or continuance of drilling or other uses on an existing permit, the permittee shall file, in a form acceptable to the County Counsel and certified by the County Clerk, a bond or other security in the penal amount of not less than ten thousand dollars ($10,000.00) for each well that is drilled or to be drilled. Any operator may, in lieu of filing such a security for each well drilled, re-drilled, produced or maintained, file a security in the penal amount of not less than ten thousand dollars ($10,000.00) to cover all operations conducted in the County of Ventura, a political subdivision of the State of California, conditioned upon the permittee well and truly obeying, fulfilling and performing each and every term and provision of the permit. In cases of any failure by the permittee to perform or comply with any term or provision thereof, the Planning Commission may, after notice to the permittee and a public hearing, by resolution, determine the amount of the penalty and declare all or part of the security forfeited in accordance with its provisions. The sureties and principal will be jointly and severally obligated to pay forthwith the full amount of the forfeiture to the County of Ventura. The forfeiture of any security shall not insulate the permittee from liability in excess of the sum of the security for damages or injury, or for expense or liability suffered by the County of Ventura from any breach by the permittee of any term or condition of said permit or of any applicable ordinance or of this security. No security shall be exonerated until after all of the applicable conditions of the permit have been met.

f.

Dust Prevention and Road Maintenance. The drill site and all roads or hauling routes located between the public right-of-way and the subject site shall be improved or otherwise treated as required by the County and maintained as necessary to prevent the emanation of dust. Access roads shall be designed and maintained so as to minimize erosion, prevent the deterioration of vegetation and crops, and ensure adequate levels of safety. The permittee shall treat unpaved access roads by either oiling and chipping or use of an APCD-approved chemical dust palliative (such as Dust-Off - MgCI2) or use of other APCD-approved mechanisms.

g.

Light Emanation. Light emanation shall be controlled so as not to produce excessive levels of glare or abnormal light levels directed at any neighboring uses. Lighting shall be kept to a minimum to maintain normal nighttime light levels in the area, but not inhibit adequate and safe working light levels. The location of all flood lights and an outline of the illuminated area shall be shown on the landscape plan, if required, or on the requisite plot plan.

h.

Reporting of Accidents. The permittee shall immediately notify the Planning Director, the Fire Department and all other applicable agencies in the event of fires, spills, or hazardous conditions not incidental to the normal operations at the permit site. Upon request of any County Agency, the permittee shall provide a written report of any incident within seven (7) calendar days that shall include, but not be limited to, a description of the facts of the incident, the corrective measures used and the steps taken to prevent recurrence of the incident.

i.

Painting. Drill sites and production facilities shall be located so that they are not readily seen. All permanent facilities, structures, and aboveground pipelines on the site shall be colored so as to mask the facilities from the surrounding environment and uses in the area. Said colors shall also take into account such additional factors as heat buildup and designation of danger areas. Said colors shall be approved by the Planning Director prior to the painting of facilities.

j.

Site Maintenance. The permit area shall be maintained in a neat and orderly manner so as not to create any hazardous or unsightly conditions such as debris, pools of oil, water, or other liquids, weeds, brush, and trash. Equipment and materials used for the operation and maintenance of the oil well located at the site may be stored on site. If the well has been suspended, idled or shut in for thirty (30) days, as determined by the Division of Oil and Gas, all such equipment and materials shall be removed within ninety (90) days.

k.

Site Restoration. Within ninety (90) days of revocation, expiration, surrender of any permit, or abandonment of the use, the permittee shall restore and revegetate the premises to as nearly its original condition as is practicable, unless otherwise requested by the landowner.

l.

Insurance. The permittee shall maintain, for the life of the permit, liability insurance of not less than five hundred thousand dollars ($500,000) for one (1) person and one million dollars ($1,000,000) for all persons and two

million dollars ($2,000,000) for property damage. This requirement does not preclude the permittee from being self-insured.

m.

Noise Standard. Unless herein exempted, drilling, production, and maintenance operations associated with an approved oil permit shall not produce noise, measured at a point outside of occupied sensitive uses such as residences, schools, health care facilities, or places of public assembly, that exceeds the following standard or any other more restrictive standard that may be established as a condition of a specific permit. Noise from the subject project shall be considered in excess of the standard when the average sound level, measured over one (1) hour, is greater than the standard that follows. The determination of whether a violation has occurred shall be made in accordance with the provisions of the permit in question.

Nomenclature and noise level descriptor definitions are in accordance with the Ventura County General Plan Goals, Policies and Programs and the Ventura County General Plan Hazards Appendix. Measurement procedures shall be in accordance with the Ventura County General Plan Goals, Policies and Programs, and General Plan Hazards Appendix.

The maximum allowable average sound level is as follows:

For purposes of this section, a well is in the "producing phase" when hydrocarbons are being extracted or when the well is idled and not undergoing maintenance. It is presumed that a well is in the "drilling and maintenance phase" when not in the "producing phase."

n.

Exceptions to Noise Standards. The noise standards established pursuant to Section 8175-5.7.8(m) shall not be exceeded unless covered under any of the following provisions:

1.

Where the ambient noise levels (excluding the subject facility) exceed the applicable noise standards. In such cases, the maximum allowable noise levels shall not exceed the ambient noise levels plus three (3) dB(A).

2.

Where the owners/occupants of sensitive uses have signed a waiver pursuant to Section 8175-5.7.8(w) indicating that they are aware that drilling and production operations could exceed the allowable noise

standard and that they are willing to experience such noise levels. The applicable noise levels shall apply at all locations where the owners/occupants did not sign such a waiver.

o.

Compliance with Noise Standard. When a permittee has been notified by the Planning Division that his operation is in violation of the applicable noise standard, the permittee shall correct the problem as soon as possible in coordination with the Planning Division. In the interim, operations may continue; however, the operator shall attempt to minimize the total noise generated at the site by limiting, whenever possible, such activities as the following:

1.

Hammering on pipe;

2.

Racking or making-up of pipe;

3.

Acceleration and deceleration of engines or motors;

4.

Drilling assembly rotational speeds that cause more noise than necessary and could reasonably be reduced by use of a slower rotational speed;

5.

Picking up or laying down drill pipe, casing, tubing or rods into or out of the drill hole.

If the noise problem has not been corrected by 7:00 p.m. of the following day, the offending operations, except for those deemed necessary for safety reasons by the Planning Director upon the advice of CalGEM, shall be suspended until the problem is corrected.

p.

Preventive Noise Insulation. If drilling, re-drilling, or maintenance operations, such as pulling pipe or pumps, are located within one thousand six hundred (1,600) feet of an occupied sensitive use, the work platform, engine base and draw works, crown block, power sources, pipe rack, and other probable noise sources associated with a drilling or maintenance operation shall be enclosed with soundproofing sufficient to ensure that expected noise levels do not exceed the noise limits applicable to the permit. Such soundproofing shall be installed prior to the commencement of drilling or maintenance activities and shall include any or all of the following: acoustical blanket, coverings, soundwalls, or other soundproofing materials or methods that ensure that operations meet the applicable noise standard. The requirements may be waived by the Planning Commission if the permittee can demonstrate that the applicable noise standard can be met or that all applicable parties within the prescribed distance have signed a waiver pursuant to 8175-5.7.8(w).

q.

Waiver of Preventative Noise Insulation. The applicant may have a noise study prepared by a qualified acoustical consultant, approved by the County. If the findings of the study conclude that the proposed project will meet the County Noise standards contained in Section 8175-5.7.8(m) and do not constitute a nuisance, then the soundproofing requirement may be waived. If the findings show a noise level will be generated above and beyond the County standards, then soundproofing must be installed sufficient to meet the applicable noise standard. Where a waiver pursuant to Section 8175-5.7.8(w) is signed, no preventative noise insulation will be required.

r.

Soundproofing Material. All acoustical blankets or panels used for required soundproofing shall be of fireproof materials and shall comply with California Industrial Safety Standards and shall be approved by the Ventura County Fire Protection District prior to installation.

s.

Hours of Well Maintenance. All non-emergency maintenance of a well, such as the pulling of pipe and replacement of pumps, shall be limited to the hours of 7:00 a.m. to 7:00 p.m. of the same day if the well site is located within three thousand d(3,000) feet of an occupied residence. This requirement may be waived by the Planning Director if the permittee can demonstrate that the applicable noise standards can be met or that all applicable parties within the prescribed distance have signed a waiver pursuant to Section 8175-5.7.8(w).

t.

Limited Drilling Hours. All drilling activities shall be limited to the hours of 7:00 a.m. through 7:00 p.m. of the same day when they occur less than eight hundred (800) feet from an occupied sensitive use. Night time drilling shall be permitted if it can be demonstrated to the satisfaction of the Planning Director that the applicable noise standard can be met or that all applicable parties within the prescribed distance have signed a waiver pursuant to Section 8175-5.7.8(w).

u.

Signs. Signs shall comply with Section 8175-5.13 and the development standards per Section 8178-5.13.10.7 Identification Signs, Oil and Gas Development.

v.

Fencing. Fencing all active well sites (except submersible pumps), sumps and/or drainage basins or any machinery in use or intended to be used at the well site or other associated facilities shall be securely fenced, if required, based on the Planning Director's determination that fencing is necessary due to the proximity of nearby businesses, residences, or other occupied sensitive uses. A single adequate fence that is compatible with surrounding area, may be used to enclose more than one (1) oil well or well site and appurtenances. Location of fences shall be shown on a submitted plot plan and/or landscape plan, if required. Fences must meet all CalGEM regulations.

w.

Screening and Landscaping. All oil and gas production areas shall be landscaped so as to screen production equipment in a manner consistent with the natural character of the area, if required, based on the Planning Director's determination that landscaping is necessary. Required landscaping shall be implemented in

accordance with a landscape and irrigation plan to be approved by the Planning Director or his/her designee after consultation with the property owner. The landscape plan shall be consistent with Section 8178-8, Water Efficient Landscaping Requirements, or Coastal Area Plan policies, whichever are more restrictive. This landscape plan shall include, but not be limited to, measures for adequate screening of producing wells and permanent equipment from view of public roads or dwellings, revegetation of all cut and fill banks, and the restoration of disturbed areas of the site not directly related to oil and gas production. Low water usage landscaping and use of native plants shall be encouraged.

1.

Landscaping and Above Ground Pipelines. Consideration shall also be given to above ground pipelines that are part of the project. Landscape maintenance shall be subject to periodic inspection by the County, in accordance with Section 8178-8.9 Landscape Documentation Package Approval and Inspections. The permittee shall be required to remedy any defects in landscape maintenance within thirty (30) days of notification by the County.

2.

Landscaping and Well Drill Pads.

i.

If wells are brought into production, the site shall be landscaped so as to screen production equipment from view from neighboring residences in a manner consistent with the natural character of the area.

ii.

The landscaping associated with the wells shall also be intended to provide screening from glare that may result from on-site facilities (e.g., tanks, buildings, other).

iii.

The permittee shall not install production equipment until the Planning Director has approved the landscaping plan and a Zoning Clearance has been issued.

iv.

At the expense of the permittee, the County, or a County approved landscape architect, shall determine whether the visual impacts of the production facilities have been screened from view. The timing and schedule for subsequent review shall be determined prior to the issuance of a Zoning Clearance for the production facilities.

x.

Waivers. Where provisions exist for the waiver of an ordinance requirement, the waiver must be signed by the owner and all adult occupants of a dwelling, or in the case of other sensitive uses, by the owner of the use in question. Once a waiver is granted, the permittee is exempt from affected ordinance requirements for the life of the waiver. Unless otherwise stated by the signatory, a waiver signed pursuant to Section 8175-5.7.7.n.(2) shall also be considered a waiver applicable to Sections 8175-5.7.7.p., 8175-5.7.7.s. and 8175-5.7.7.t.

y.

Application of Sensitive Use Related Standards. The imposition of regulations on petroleum operations that are based on distances from occupied sensitive uses shall only apply to those occupied sensitive uses that were in existence at the time the permit for the subject oil operations was approved.

z.

Inspection, Enforcement and Compatibility Review. To ensure that adequate funds are available for the legitimate and anticipated costs incurred for monitoring and enforcement activities associated with new or modified oil and gas related Conditional Use Permits, the permittee shall deposit with the County funds, determined on a case by case basis, prior to the issuance of a Zoning Clearance. The funds shall also cover the costs for any other necessary inspections or the resolution of confirmed violations that may occur. One (1) deposit may be made to cover all of the permittee's various permits. In addition, all new or modified Conditional Use Permits for oil and gas related uses shall, at the discretion of the Planning Director, be conditioned to require a compatibility review on a periodic basis. The purpose of the review is to determine whether the permit, as conditioned, has remained consistent with its findings for approval and if there are grounds for proceeding with public hearings concerning modification, suspension, or revocation of the permit.

(Ord. No. 4567, § 1, 11-10-2020)

Public works facilities are subject to the provisions of this Section and all other provisions of this Chapter and the LCP land use plan. The types of facilities include, but are not limited to, the following: Roads, turnouts for emergency vehicles, reservoirs, drainage channels, watercourses, flood control projects, pump stations, utility lines, septic systems, water wells and water storage tanks.

(a)

New or expanded public works facilities (including roads, flood control measures, water and sanitation) shall be designed to serve only the potential population of the unincorporated and incorporated areas within LCP boundaries, and to avoid impacts on agriculture, and open space lands to the maximum extent feasible, and ensure that environmentally sensitive habitats (ESHA) are protected against any significant disruption of habitat values. See Section 8178-2.5.2(c) if such facilities are proposed within ESHA or buffer zone.

(b)

New service extensions required beyond the stable urban boundary (as shown on the LCP Land Use Plan maps) must be designed to mitigate any effects on agricultural viability.

(c)

Electrical transmission line rights-of-way shall be routed to minimize impacts on the viewshed in the coastal zone, especially in scenic rural areas, and to avoid locations that are on or near sensitive habitats (ESHA), or recreational or archaeological resources, whenever feasible. Scarring, grading, or other vegetative removal shall be repaired and the affected areas revegetated with plants similar to those in the area to the extent that safety and economic considerations allow.

(d)

In important scenic areas or environmentally sensitive habitat areas (ESHA), where aboveground transmission line placement would unavoidably affect views or ESHA, undergrounding shall be required where it is technically and economically feasible unless it can be shown that other alternatives are less environmentally damaging. When aboveground facilities are necessary, design and color of the support towers shall be compatible with the surroundings to the extent that safety and economic considerations allow.

For information on permitting requirements for existing public works facilities, see Section 8174-6.3.2 and Section 8174-6.3.6(a)(9). For public works facilities in ESHA or buffer zone, also see Section 8178-2.

(Ord. No. 4451, § 9, 12-11-2012; Ord. No. 4586, 10-19-2021)

8175-5.10 - Recreational vehicle parks. 8175-5.10.1 - Applications.

All conditional use permit applications for such parks shall be accompanied by the following:

a.

Site plan;

b.

Complete topographic and geologic information for the site, including a soils report;

c.

Reports that describe the existing on- and off-site systems, facilities and services that are available to serve the proposed development; such reports shall state the name of the responsible agency, present capacity, present level of demand or use, projected capacity and the anticipated load resulting from the proposed development;

d.

Detailed landscaping and irrigation plans and specifications prepared by a State licensed landscape architect;

e.

A biological survey of the site including the identification of any environmentally sensitive habitats.

a.

Minimum lot area for an RV park shall be three acres. Minimum size of each recreational campsite shall be 1,000 square feet with a minimum width of 25 feet.

b.

Maximum number of trailer spaces per net acre of land, computed as a simple geometric figure, shall be 18, unless a lower maximum is specified in the conditional use permit. The precise density to be allocated to the subject development will be based on the nature of the proposed site as it currently exists, particularly slope, erosion hazard, soil stability, fire hazard, water availability, seismic safety, septic tank suitability, accessibility to all-weather roads, adjacent land use, prevailing noise level, proximity to a flood plain, emergency ingress and

egress, unique natural land features, proximity to environmentally sensitive habitats, and other pertinent factors.

c.

At least 60 percent of the net area of each RV park shall be left in its natural state or be landscaped.

d.

The maximum size of a recreational vehicle occupying a space in the park shall be 220 square feet of living area. Living area does not include built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, or bath and toilet rooms.

e.

Building height and setbacks shall be as prescribed in the applicable zone, except where Title 25 of the California Administrative Code is more restrictive.

f.

No recreational vehicle, travel trailer or accessory building shall be located less than six feet from any other recreational vehicle, travel trailer or accessory building on an adjacent space.

g.

All setback areas from streets and other areas in an RV park not used for driveways, parking, buildings or service areas shall be landscaped.

h.

Trash disposal areas shall be adequately distributed and enclosed by a six foot high landscape screen, solid wall or fence.

i.

Where needed to enhance aesthetics or to ensure public safety, a fence, wall, landscaping screening, earth mounds or other means approved by the Planning Director that will complement the landscape and assure compatibility with the surrounding environment shall enclose the park.

j.

Asphalt pavement or other suitable materials for dust abatement as approved by the Planning Director shall be provided for all interior roadways and parking areas and shall be suitably marked for traffic flow.

k.

Any cut and/or fill slopes shall be revegetated and adequately maintained to prevent erosion.

l.

All existing trees with a four-inch or greater diameter shall be preserved unless their removal is approved by both the Planning Director and the County Landscape Coordinator.

m.

Any of the foregoing standards may be modified, subject to the provisions of Title 25, if evidence presented at the public hearing establishes that such modification is necessary to ensure compatibility with the established environmental setting.

(Ord. No. 4451, § 9, 12-11-2012)

8175-5.10.3 - Site design criteria.

a.

Signs shall be in accordance with Section 8175-5.13, Signs.

b.

Off-street parking shall be provided in accordance with Article 6.

c.

The front of each space should include a level, landscaped area with picnic table and a grill or campfire ring.

d.

The office should be located near the entrance, which should also be the exit.

e.

The site should be designed to accommodate both tent and vehicle campers (travel trailers, truck campers, camping trailers, motor homes).

f.

Drive-through spaces should be provided for travel trailers.

g.

There should be a minimum six-foot-wide walk in parking areas.

h.

Walls or landscaped earthen berms should be used to minimize noise from highway sources.

i.

The distance from any picnic table to a toilet should be not less than 100 feet nor more than 300 feet.

j.

Each site plan should also incorporate a recreational or utility building, laundry facilities and an entrance sign in accordance with Section 8175-5.13, Signs.

k.

At least 30 percent of the spaces should have full hookups, including electricity, water and sewer. Permitted utilities shall be installed underground in conformance with applicable state and local regulations.

l.

Each park shall be provided with sewer connections or dump stations, or a combination thereof.

m.

Roadways and vehicle pads shall not be permitted in areas of natural slope inclinations greater than 15 percent or where grading would result in slope heights greater than ten feet and steeper than 2:1.

(Ord. No. 4451, §§ 5, 9, 12-11-2012; Ord. No. 4492, § 3, 6-21-2016)

a.

Each park may include a commercial establishment on-site, not exceeding five hundred (500) square feet of floor area, for the sole use of park residents.

b.

Each park is permitted one on-site mobilehome to be used solely for the management and operation of the park, pursuant to Title 25.

c.

No permanent building or cabana shall be installed or constructed on any trailer space; however, portable accessory structures and fixtures are permitted.

d.

No travel trailers, trailer coaches, motor homes, campers or tents shall be offered for sale, lease or rent within an RV park.

e.

Off-road motor vehicle uses that might cause damage to vegetation or soil stability are not permitted.

f.

The maximum time of occupancy for any family or travel trailer within any RV park shall not exceed 90 days within any 120 day period.

(Ord. No. 4451, § 9, 12-11-2012)

Editor's note— Ord. No. 4451, § 5, adopted December 11, 2012, repealed §§ 8175-5.11—8175-5.11.2 in their entirety. Former §§ 8175-5.11—8175-5.11.2 pertained to satellite dish antennas and were derived from original Code.

8175-5.12.1 - The following standards shall apply to the construction or maintenance of shoreline protective devices such as seawalls, jetties, revetments, groins, or breakwaters:

a.

Proposed shoreline protective devices shall only be allowed when they are necessary to protect existing developments, coastal-dependent land uses, and public beaches.

b.

All shoreline protective structures that alter natural shoreline processes must be designed to eliminate or mitigate adverse impacts on local shoreline sand supply.

c.

Permitted shoreline structures shall not interfere with public rights of access to the shoreline.

d.

A building permit will be required for any construction and maintenance of protective shoreline structures, such as seawalls, jetties, revetments, groins, breakwaters and related arrangements.

e.

The County's Building and Safety Department will routinely refer all permits for seawalls, revetments, groins, retaining walls, pipelines and outfalls to the Flood Control and Water Resources Division of the Public Works Agency to be evaluated not only for structural soundness, but environmental soundness as well whenever necessary. This includes a survey of potential environmental impacts, including (but not limited to) the project's effects on adjacent and downstream structures, net littoral drift, and downcoast beach profiles. If the potential environmental impacts of the proposed structure are considered significant by the Public Works Agency, the applicant will then be required to obtain an engineering report that specifies how those impacts will be mitigated.

(Ord. No. 4451, § 9, 12-11-2012)

8175-5.12.2 - Prior to the construction of any shoreline protective device, the County may require the preparation of an engineering geology report at the applicant's expense. Such report shall include feasible mitigation measures that will be used, the following applicable information to satisfy the standards of Section 8178-4.1, as well as other provisions of the ordinance and Land Use Plan policies:

(a)

Description of the geology of the bluff or beach, and its susceptibility to wave attack and erosion.

(b)

Description of the recommended device(s), along with the design wave analysis.

(c)

Description of the anticipated wave attack and potential scouring in front of the structure.

(d)

Depth to bedrock for vertical seawall.

(e)

Hydrology of parcel, such as daylighting springs and effects of subsurface drainage on bluff erosion rates, as it relates to stability of the protective device.

(f)

Plan view maps and profiles of device(s), including detailed cross-section through the structure.

(g)

Type of keyway, location of tie backs or anchor devices, and depth of anchor devices.

(h)

Bedrock analysis.

(i)

Accessway for construction equipment.

(j)

Use and type of filter fabric.

(k)

Projected effect on adjacent properties.

(l)

Recommendations on maintenance of the device.

(m)

Use of wave deflection caps.

(Ord. No. 4451, § 9, 12-11-2012)

8175-5.13 - Signs.[[5]]

Footnotes:

--- ( 5 ) ---

Editor's note— Ord. No. 4492, § 3, adopted June 21, 2016, repealed the former § 8175-5.13, and enacted a new § 8175-5.13 as set out herein. The former § 8175-5.13 pertained to similar subject matter and derived from Ord. No. 4451, § 9, 12-11-2012.

8175-5.13.1 - Purpose.

The purpose of this Section 8175-5.13 is to promote and safeguard the life, health, property, and public welfare, including traffic safety and the aesthetics of the visual environment, by regulating the design, quality of materials and construction, illumination, location and maintenance of all signs within the unincorporated areas of the coastal zone.

(Ord. No. 4492, § 3, 6-21-2016)

8175-5.13.2 - Permit requirements.

No person shall place, erect, modify, alter or repaint any sign unless the sign and sign-related activity is exempt from a permit pursuant to Section 8175-5.13.4. If the sign or sign-related activity is not exempt from a permit, it either requires the issuance of a Zoning Clearance pursuant to Section 8175-5.13.5 and/or a Planned Development Permit pursuant to Section 8175-5.13.6 in accordance with the provisions of the Sign Permit Application Procedures of Section 8175-5.13.7.

(Ord. No. 4492, § 3, 6-21-2016)

8175-5.13.3 - Prohibited signs.

The following signs are prohibited:

a.

A-frame or sandwich-board signs;

==> picture [152 x 96] intentionally omitted <==

Examples of Prohibited Freestanding Signs

b.

Any sign that emits sound, smoke or bubbles.

c.

Any sign located within ESHA or its associated buffer except:

1.

A road sign;

2.

An interpretive sign that describes the ESHA, provided that the sign is located and designed in accordance with Section 8175-5.13.10.12.1(c) and Section 8175-5.13.10.12(b); or

A temporary sign that is intended to protect ESHA, such as a sign restricting access to an active shorebird nesting area in accordance with Section 8175-5.13.6(e)

d.

Except as authorized under Section 8175-5.13.9.2(d), any sign located within the public right-of-way.

e.

Any sign erected in such a manner that it may interfere with, obstruct, confuse or mislead traffic.

f.

Any sign erected in such a manner that any portion of the sign or its support is attached to or will interfere with the free use of any fire escape, exit or standpipe, or will obstruct any stairway, door, ventilator or window.

g.

Any sign or sign structure that is structurally unsafe or constitutes a hazard to health or safety by reason of design, location, or inadequate maintenance.

h.

Any sign that obstructs or degrades public views to scenic resources, except as authorized by Section 81755.13.9.2(d).

i.

Any sign that is intended to deter, without legitimate purpose, public access to or along tidelands, shorelines, beaches and public waterways, public trails, public parks, public open space, or public access easements to any of the foregoing locations.

j.

Bench signs, except for the following: (1) memorial placard attached to a bench as authorized by Section 81755.13.4(b); and (2) at bus stops as authorized by Section 8175-5.13.10.2.

k.

A banner, pennant, or inflatable object used as commercial sign, except if used as a promotional temporary sign in accordance with Section 8175-5.13.5(d).

l.

Except for road and locational signs, new freestanding signs greater than six (6) feet in height;

m.

Except for temporary signs painted on a window as authorized pursuant to Section 8175-5.13.5(b)(4), permanent signs attached to the exterior surfaces of windows;

n.

Off-site commercial and subdivision signs including but not limited to billboards.

o.

Trailer mounted portable signs that are parked within the public right-of-way, in coastal access parking areas, recreational areas (beaches and parks), or are otherwise no longer mobile, unless parked wholly on the lot of the owner of the portable sign.

---

p.

Roof signs.

==> picture [326 x 143] intentionally omitted <==

Examples of Prohibited Roof Signs

---

q.

Commercial signs in residential zones, except for real estate and open house signs.

r.

Signs that automatically change color;

s.

Signs that flash, move or rotate, except for clocks and time and temperature signs in accordance with Section 8175-5.13.6(a);

t.

The use of any item of merchandise or other commodity related to the business as a sign, except as such commodity may be permanently incorporated into a sign structure as otherwise permitted by this Article;

(Ord. No. 4492, § 3, 6-21-2016)

The following signs are exempt from the requirement to obtain a Planned Development Permit or Zoning Clearance sign permit except when the sign is proposed as part of a larger development project that requires a

discretionary permit under this Chapter:

a.

One (1) identification sign up to two (2) square feet in sign area affixed directly to the exterior wall of a building or structure. One (1) identification sign up to six (6) square feet in sign area, if affixed directly to an exterior wall of a building or structure for agricultural uses (i.e., produce stands, barns, stables, etc.)

b.

One memorial bench plaque, up to 36-inches in area (e.g., 18 inches × 2 inches), that is attached directly to the bench.

c.

Flags with noncommercial content affixed to a building and temporarily displayed to commemorate an event or holiday, consistent with Section 8175-5.13.10.9, Flags.

d.

Repair and maintenance of an existing permitted sign, provided the proposed repair and maintenance activities:

1.

Do not result in an addition to or enlargement of the existing sign;

2.

Comply with the sign copy requirements in Section 5.13.9.5, Message Substitution;

3.

Will not result in any disturbance to ESHA or ESHA buffer, See Section 8175-5.13.6(e); and

4.

Are consistent with Section 8175-5.13.9.4, Maintenance.

e.

Natural gas, chilled water and steam facility signs placed by a public utility, which conveys information on the location of facilities in the furtherance of service or safety, provided there is no removal of major vegetation, the sign(s) is located within a public utility easement, and the sign is the minimum size necessary to convey the information.

f.

Temporary signs and incidental signs limited to the following:

1.

Incidental signs attached directly to a building. One (1) sign of not more than six (6) square feet, on a developed legal parcel, or if multiple businesses are located on a parcel, one (1) sign for each business.

2.

Construction signs, provided that:

i.

Only one (1) sign is displayed per construction site;

ii.

The sign does not exceed six (6) square feet in total sign area in Coastal Open Space (COS), Coastal Agricultural (CA), Coastal Rural (CR), Harbor Planned Development (HPD), and coastal residential zones (CR1, CR2, RB, RBH, CRPD, and M Overlay), or twenty-four (24) square feet in total sign area in Coastal Commercial (CC) and Coastal Industrial (CM) zones;

iii.

The sign is used only to indicate the name of the construction project and the names and locations (state and city or community only) of the contractors, architects, engineers, landscape designers, project or leasing agent, and/or financing company;

iv.

The sign is displayed during construction only;

v.

The sign does not exceed six (6) feet in height, if freestanding;

vi.

The sign is not located in the clear sight triangle pursuant to Section 8175-3.8; and

vii.

The sign is located not less than five (5) feet from the inside line of the sidewalk or, if there is no sidewalk, from the property line.

3.

Real estate signs. One (1) unilluminated real estate sign subject to the following:

i.

The sign may be single- or double-faced and shall be limited to a maximum of three (3) square feet in total sign area and six (6) feet in height. See also Section 8175-5.13.10.1.

ii.

The sign shall only contain information on the sale or rental of the premises on which located.

iii

The sign is not located in the clear sight triangle pursuant to Section 8175-3.8;

iv.

The sign shall be situated no less than five (5) feet from the inside line of the sidewalk, or if there is no sidewalk, from the property line.

v.

The sign shall remain on the premises only during the period of time that the premises are being offered for sale or lease and shall be removed seven (7) days after the property is sold or rented or the offer for sale or rent is terminated.

4.

Open house signs subject to the following provisions:

i.

Such signs are only permitted during the period when real estate is offered for sale or rent and while an agent is physically present on the premises.

ii.

Only one (1) such sign is allowed on each street frontage of the property on which the open house is being held.

iii.

Such signs shall not exceed three (3) square feet in area.

iv.

Such signs are only allowed during daylight hours.

5.

A maximum of three (3) temporary, noncommercial signs on a residential-zoned lot pursuant to Section 81755.13.10.15.

6.

Political signs pursuant to Section 8175-5.13.10.17.

7.

Memorial tablets or signs, including those indicating names of buildings and dates of construction, when cut into any masonry surface or inlaid so as to be part of the building, or when constructed of bronze or similar noncombustible material affixed to the building. The total maximum sign area shall not exceed two (2) square feet.

(Ord. No. 4492, § 3, 6-21-2016)

8175-5.13.5 - Zoning Clearance.

A Zoning Clearance sign permit is required for all of the following signs:

a.

A physical modification or alteration of an existing permitted sign or legal nonconforming sign if the change is consistent with the development standards in Section 8175-5.

b.

Signs affixed directly to a non-residential structure, other than public works facilities, in compliance with Section 8174-6.3.4 including but not limited to:

1.

Identification signs larger than two (2) square feet in sign area affixed directly to the exterior wall of a structure or building, or identification signs larger than six (6) square feet in sign area if affixed directly to the exterior wall of a structure or building for agricultural uses (i.e., produce stands, barns, stables, etc.). See Section 81755.13.9.1 for allowable number and dimensions.

2.

Memorial tablets or signs larger than two (2) square feet but less than ten (10) square feet. Such signs may include names of buildings and dates of construction, when cut into any masonry surface or inlaid so as to be part of the building, or when constructed of bronze or similar noncombustible material affixed to the building.

3.

Projecting sign (See Section 8175-5.13.10.18).

4.

Window signs ten (10) square feet in area or twenty-five (25) percent of the window area, whichever is less; consistent with the provisions of Section 8175-5.13.10.22.

c.

Replacement of existing permitted signs (other than legal nonconforming signs) destroyed by a disaster pursuant to Section 8174-6.3.5.

d.

Promotional temporary signs provided that:

1.

Such signs are only displayed on a developed parcel zoned Coastal Commercial (CC) for a maximum of thirty (30) days;

Such signs are not located in the clear sight triangle pursuant to Section 8175-3.8; and

3.

Such signs are located not less than five (5) feet from the inside line of the sidewalk or, if there is no sidewalk, from the property line.

(Ord. No. 4492, § 3, 6-21-2016)

8175-5.13.6 - Planned Development Permit.

The following signs require a Planned Development Permit:

a.

New free standing signs including but not limited to the following:

1.

Road and locational signs.

2.

Clocks and thermometers not directly affixed to a building or structure, see Section 8175-5.13.10.4.

3.

Directional signs, see Section 8175-5.13.10.5.

4.

Sign display structures, not affixed directly to a building, see Section 8175-5.13.10.6.

5.

One freestanding flag affixed to a flagpole per developed parcel, see Section 8175-5.13.10.9.

6.

Interpretive signs, see Section 8175-5.13.10.12.

7.

Menu board, see Section 8175-5.13.10.13.

8.

Monument signs, see Section 8175-5.13.10.14.

b.

Illuminated signs, see Section 8175-5.13.10.11.

c.

Sign mural.

d.

A new sign program not associated with a larger development project for which a new discretionary permit is sought.

e.

Temporary signs in ESHA or ESHA buffer, provided that:

1.

The temporary sign has a maximum cumulative sign area of sixteen (16) square feet.

2.

The sign is installed prior to the start of the nesting season of each calendar year (March 15[th ] ) and is removed after all shorebirds have fledged.

(Ord. No. 4492, § 3, 6-21-2016)

8175-5.13.7 - Sign Permit application requirements and processing.

a.

When a Zoning Clearance sign permit or Planned Development Permit is required for a sign or sign-related activity, an application shall be filed with the Ventura County Planning Division in accordance with Section 8181-5. The application shall be signed by the owner and applicant or authorized agent thereof. In addition to providing the information and materials required pursuant to Section 8181-5, the application shall also set forth and contain the following information and materials, as applicable:

1.

A site plan showing the dimensions of the parcel, location and size of any existing or proposed buildings or structures on the property, and adjacent streets and land uses.

2.

The location of off-street parking facilities, including major points of entry and exit for motor vehicles where directional signs are proposed.

3.

The proposed sign dimensions, sign copy, height, colors, materials, lighting, and location of the sign or sign structure.

4.

The method of attachment of the proposed sign to any structure.

Other information that the Planning Division may require to secure compliance with this Chapter.

6.

Signs requiring a Planned Development Permit shall provide a sign maintenance plan that describes future requirements for sign repair or replacement, sign cleaning or repainting, and the clearing of vegetation, other than major vegetation, that blocks the sign.

b.

A separate permit application is required for each legal lot where signs are located.

c.

Permit applications for a sign or sign-related activity shall be processed in accordance with the applicable provisions of Article 11, Entitlements—Process and Procedures. Following the approval of a Planned Development Permit, the permittee shall obtain a separate Zoning Clearance prior to initiating the permitted use or activity in accordance with Section 8181-3.1.

(Ord. No. 4492, § 3, 6-21-2016)

The following design criteria apply to signs and sign-related activities requiring a sign permit and shall, to the extent applicable, be utilized during the County's review, consideration and conditioning of the requested permit:

a.

The size, color and style of sign structures should be designed to complement the visual character of the surrounding buildings and landscape features.

b.

Sign poles and other non-copy elements should blend visually with the color(s) and texture(s) of the background, including any buildings.

c.

The number of light fixtures shall be kept to a minimum and integrated into the design of the structure.

d.

On developed sites, landscaping should be used to enhance the appearance of the sign and to allow the sign to blend with the remainder of the site.

e.

Planter boxes should be used to improve the appearance of the sign base, and trees should be used to mask the unused side of a single-faced sign.

f.

The location of the proposed sign and the design of its visual elements (lettering, words, figures, colors, decorative motifs, spacing, and proportions) should be legible under normal viewing conditions where the sign is to be installed.

g.

The location and design of the proposed sign should not obscure from view or unduly detract from existing or adjacent signs;

(Ord. No. 4492, § 3, 6-21-2016)

The following standards shall apply to the specified sign types and locations unless otherwise stated in the regulatory notes.

(Ord. No. 4492, § 3, 6-21-2016)

F* = Total street frontage of lot in linear feet.

Regulatory Notes:

(a)

Assembly uses may have up to twenty (20) square feet of attached sign area regardless of lot width.

(b)

On-site residential subdivision signs are shall only be installed on a legal lot where an approved residential subdivision will be developed.

(c)

A produce stand may have one (1) freestanding monument sign and one (1) attached sign totaling hundred (100) square feet. The advertising signs shall indicate the location of the farm products but not the price of any product.

(d)

Two (2) monument signs at either side of an entry road may be allowed pursuant to Sec. 8175-5.13.10.14.

(e)

Principal structures related to agriculture, except shade/mist structures over twenty thousand (20,000) square feet in size, may have one (1) square foot of sign area per two (2) linear feet of wall length, regardless of the number of signs. The Planning Director may approve additional sign area, up to a maximum total of one hundred twenty (120) square feet per qualified building, as part of a complete Sign Program for the site. The Sign Program may be approved as a modification to an existing permit, such as a Conditional Use Permit or Planned Development Permit. If no such permit exists for the site, the applicant shall submit the Sign Program as part of a Planned Development Permit.

(f)

Display structures and interpretive signs may have up to nine square feet in sign area or as recommended by the reviewing agency per Sec. 8175-5.13.10.6 and Sec. 8175-5.13.10.12.

(g)

Residential subdivision signs are limited to twelve (12) square feet in area, but the length or width of the sign may be increased by one (1) foot for each ten (10) feet that the width of the lot, or two (2) or more contiguous lots in single ownership, exceeds seventy (70) feet. The maximum area of the sign shall not exceed thirty-six (36) square feet.

(h)

Signs may not extend above the eaves of a gable roof, nor more than two (2) feet above the face of the canopy or a parapet wall to which it is attached.

(i)

Signs shall be limited to a maximum three (3) feet in height if located in a clear sight triangle pursuant to Sec. 8175-13.9.2(c).

(j)

Signs may be as long as the building wall to which it is attached, and may wrap around a corner, but may not project beyond a corner.

(k)

In addition to the number of signs allowed in the Coastal Commercial zone, a drive-through restaurant may also have a 16-square foot menu board; see Sec. 8175-5.13.10.13.

(l)

In the Coastal Commercial (CC) zone, each wall or building face is permitted one (1) square foot of sign area per linear foot of wall length; maximum one hundred twenty (120) square feet, regardless of the number of signs. In the Costal Industrial (CM) zone, see Sec. 8175-5.13.10.7, Identification Signs for Oil and Gas Development.

(m)

Display structures, interpretive and location signs are prohibited in the residential zones. Road and locational signs are subject to the design standards for traffic control devices administered by the State Department of Transportation or local road agency, the California Coastal Commission or Ventura County.

(n)

The area of a free standing sign for a flag lot shall be equivalent to the area of a sign allowed for the intervening lot or lots that separate the bulk of the flag lot from the access road.

(o)

Non-commercial signs in the residential zones are limited to three.

(Ord. No. 4492, § 3, 6-21-2016)

8175-5.13.9.2 - Location.

Signs are subject to the structural setbacks set forth in Section 8175-2; the setback shall be measured from the property line to the outermost projection of the sign structure on the side where the setback is being measured. Exceptions are as follows:

a.

On-site temporary freestanding signs three (3) feet or less in height may be located within a setback adjacent to a street.

b.

A sign attached to an existing wall or fence is exempt from the setback requirements, provided that the sign does not project beyond any edge of such wall or fence.

==> picture [28 x 2] intentionally omitted <==

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==> picture [280 x 238] intentionally omitted <==

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c.

Clear Sight Triangles—No sign shall be erected within a clear sight triangle unless such sign, in compliance with the provisions of this Article, is less than three (3) feet and no part of its means of support has a single or combined horizontal cross section exceeding twelve (12) inches (see Section 8175-3.8.3).

d.

Public Rights-of-Way—No sign shall be placed within a public right-of-way except for the following:

1.

Road and locational signs.

Bus stop signs installed by a public transit agency.

3.

Informational signs of a public utility regarding its lines, pipes, poles or other facilities.

4.

Emergency warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized work within the public right-of-way.

Installation of any new sign within a state or County right-of-way shall not interfere with the public's right of access to the coast. Any sign that has the potential to interfere with the public's right of access to the coast shall be approved only where allowed consistent with all other policies and provisions of the Local Coastal Program and shall require a Planned Development Permit and an Encroachment Permit issued by the Transportation Department of the Public Works Agency or by Caltrans if located in the State right-of-way of U.S. Highway 101 or State Highway.

e.

Lots Without Street Frontage—If a lot has no street frontage, the easement providing for access to the lot shall be considered part of said lot for purposes of sign placement.

(Ord. No. 4492, § 3, 6-21-2016)

Where the average grade of the lot or right-of-way on which a sign is placed is at or above the adjacent street grade, the sign shall be measured from the grade level adjacent to the sign. Where the average grade of the lot or right-of-way is below the adjacent street grade, the sign height shall be measured from the adjacent street grade.

==> picture [257 x 73] intentionally omitted <==

Every sign permitted by this Article shall be maintained in good condition. The Planning Director may require any improperly maintained sign, temporary or permanent, to be repaired or removed upon the failure of the owner(s) to repair or remedy a condition of any sign declared by the Department of Building and Safety to be unsafe, or declared by the Planning Director to be improperly maintained, within thirty (30) days from the receipt by the owner(s) of a written notice to that effect.

(Ord. No. 4492, § 3, 6-21-2016)

8175-5.13.9.5 - Message substitution.

A noncommercial message of any type may be substituted, in whole or in part, for any commercial message or any other noncommercial message provided that the sign, including the sign structure and mounting device, is consistent with the standards of this Article and its permitting requirements without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this Article. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel, nor does it affect the requirement that a sign, including the sign structure and mounting device, be consistent with the standards of this Article and its permitting requirements.

(Ord. No. 4492, § 3, 6-21-2016)

8175-5.13.10.1 - Back-mounted freestanding signs.

Any sign erected on the back of an existing permitted freestanding sign shall not extend beyond the edges of the existing sign.

==> picture [175 x 143] intentionally omitted <==

(Ord. No. 4492, § 3, 6-21-2016)

Bench signs are permitted at bus stops designated on a valid bus schedule. The total sign area of such signs shall be a maximum of four (4) square feet in open space, agricultural and residential zones, and eight (8) square feet in commercial and industrial zones. No bench sign shall extend beyond the edges of the bench backrest.

(Ord. No. 4492, § 3, 6-21-2016)

8175-5.13.10.3 - Canopy signs.

Canopy signs may extend to within one (1) foot of the edge of a canopy from which the sign is suspended. Signs painted on or affixed to canopies shall be considered part of the total allowable sign area of attached signs for that building. Signs suspended under canopies that project over private walks or drives open to the public shall be limited to a total sign area of eight (8) square feet per sign. Canopy signs shall be located a minimum of eight (8) feet above sidewalks.

==> picture [210 x 119] intentionally omitted <==

(Ord. No. 4492, § 3, 6-21-2016)

Clocks and thermometers shall have a maximum total sign area of twenty-four (24) square feet.

(Ord. No. 4492, § 3, 6-21-2016)

8175-5.13.10.5 - Directional signs.

Directional signs are only permitted in the Coastal Commercial (CC) and Coastal Industrial (CM) zones, not exceeding three (3) feet in height and four (4) square feet in area per sign, and limited to one (1) such sign per entrance to the lot or premises to direct pedestrian or vehicular traffic on the same property. Additional directional signs may be permitted, if authorized by the Planning Director, to the extent required to direct traffic and provide parking information to the public.

(Ord. No. 4492, § 3, 6-21-2016)

8175-5.13.10.6 - Display structures.

==> picture [210 x 110] intentionally omitted <==

Display structures are only permitted in commercial zones and the Coastal Open Space (COS) zone, and are only permitted in these zones as part of a Conditional Use Permit or Planned Development Permit for a land use to which the display structure relates. Display structures may include enclosed displays of products sold or enclosed outdoor bulletin boards. Display structures may also serve additional purposes, such as providing shelter or visual enhancement at a site.

a.

Location—Display structures shall not be located in any required setbacks.

b.

Area—The area of display structures shall be in accordance with Section 8175-5.13.9.1, and may be allowed in addition to sign area otherwise permitted for the lot.

c.

Lighting—Illumination of display structures such as kiosks shall be by indirect or diffused light only.

(Ord. No. 4492, § 3, 6-21-2016)

8175-5.13.10.7 - Identification signs, oil and gas development.

a.

Signs required for directions, instructions, and warnings, identification of wells and facilities, or signs required by other County ordinances or state and federal laws may be placed in areas subject to an oil and gas Conditional Use Permit. Identification signs shall be a maximum four (4) square feet in size and contain the following information:

1.

DOGGR well name and number.

2.

Name of owner/operator.

3.

Name of lease and name and/or number of the well.

4.

Name and telephone number of person(s) on 24-hour emergency call.

b.

The well identification sign(s) shall be maintained at the well site from the time drilling operations commence until the well is abandoned.

(Ord. No. 4492, § 3, 6-21-2016)

A double faced sign with two (2) attached parallel faces shall be not more than eighteen (18) inches apart or form an angle more than thirty (30) degrees.

==> picture [152 x 86] intentionally omitted <==

(Ord. No. 4492, § 3, 6-21-2016)

8175-5.13.10.9 - Flags.

Flags are permitted as follows:

a.

A Planned Development Permit is required for a freestanding flagpole.

b.

Flag poles are considered accessory structures subject to Section 8175-2, Schedule of Specific Development Standards by Zone.

c.

Flags shall only contain noncommercial content and shall not be used as a commercial sign.

d.

In addition to the land use permit required under this Article, a building permit shall also be required for flag poles taller than thirty-five (35) feet.

e.

The maximum sign area allowed for flags shall be in accordance with the following table and consistent with the height regulations applicable to each zone:

(Ord. No. 4492, § 3, 6-21-2016)

Except for flags and flag poles pursuant to Section 8175-5.13.10.9, and road signs and location signs, the maximum height for a freestanding sign is six (6) feet.

(Ord. No. 4492, § 3, 6-21-2016)

Sign lighting shall be designed to minimize light and glare on surrounding rights-of-way and properties in compliance with the following:

a.

Temporary illuminated traffic control signs placed on or adjacent to a street or highway (by authority of a public body or official having jurisdiction), shall comply with the U.S. Department of Labor Occupational Safety and Health Administration Manual on Uniform Traffic Control Devices.

b.

Illuminated signs are prohibited within ESHA and their associated one hundred (100) foot buffer, except for road signs.

c.

Illuminated signs are only permitted in the Coastal Agricultural (CA) and Coastal Commercial (CC) zone and shall have indirect or diffused illumination.

d.

Illuminated signs shall not exceed the brightness of a diffused light panel with cool white fluorescent eight hundred (800) milliampere lights spaced at least ten (10) inches on center.

e.

In no case shall an illuminated sign or lighting device be so placed or directed as to permit the beams and/or illumination therefrom to be directed or beamed upon a public street, walkway, or adjacent properties so as to cause glare or reflection that may constitute a nuisance, traffic or safety hazard.

f.

Except for automated teller machines (ATM), no sign shall be illuminated after 11:30 p.m. or close of business, whichever occurs last.

(Ord. No. 4492, § 3, 6-21-2016)

8175-5.13.10.12 - Interpretive signs.

a.

A Zoning Clearance sign permit is required for an interpretive sign affixed to the structure pursuant to Section 8175-5.13.5(b).

b.

Illumination of freestanding interpretive signs is prohibited.

(Ord. No. 4492, § 3, 6-21-2016)

a.

Historical Sites—Interpretive signs in association with historical sites should be developed based on the recommendations of the Cultural Heritage Board. Sign copy shall be directly related to the historic structure or point of interest.

b.

Cultural Resource Sites—Interpretive signs in association with cultural resources sites should be developed based on the recommendations of the State Historic Preservation Officer. Sign copy shall designate a point of cultural interest and not an undisclosed confidential cultural resource site that would encourage potential site vandalism.

c.

Environmentally Sensitive Habitat Areas—Interpretive signs should be developed based on the recommendations of a qualified biologist and/or in consultation with the U.S. Fish and Wildlife Service. Sign copy shall be directly related to the resource it is protecting and/or describing. The sign shall be located in an area that is the least damaging to ESHAs and associated buffer areas.

(Ord. No. 4492, § 3, 6-21-2016)

8175-5.13.10.13 - Menu boards for drive-through restaurants.

A drive-in or drive-through restaurant is permitted one (1) menu board subject to the following standards:

a.

The menu board shall not exceed sixteen (16) square feet in sign area, which shall not be counted toward the sign area or permitted number of signs otherwise allowed for the lot or premises.

b.

The menu board shall not exceed a height of six (6) feet.

c.

The menu board shall include an intercom that customers speak into with an attendant while placing orders.

d.

A preview board and/or ordering board are not permitted in addition to the menu board.

(Ord. No. 4492, § 3, 6-21-2016)

8175-5.13.10.14 - Monument signs.

The following standards apply to monument signs:

a.

Monument signs are limited to a maximum height of six (6) feet including the support structure.

b.

Monument signs shall be ground mounted, have a solid-appearing base constructed of a permanent material, such as concrete block or brick.

c.

Two (2) monument signs may be permitted on either side of an entrance road provided the monument sign is not located in the clear sight triangle pursuant to Section 8175-3.8 or required setback area adjacent to a street.

(Ord. No. 4492, § 3, 6-21-2016)

8175-5.13.10.15 - Sign, noncommercial.

A noncommercial sign may be installed for a maximum of sixty (60) days per calendar year in all residentially zoned lots. The number, size and location of said sign(s) shall comply with the following:

a.

Location: The sign shall meet all setbacks of the underlying zone.

b.

Number: No more than three (3).

c.

Dimensions: Each sign shall not exceed a sign area of three (3) square feet (18 inches × 24 inches) and the maximum height shall be fifteen (15) inches.

8175-5.13.10.16 - Sign, plug-in electric vehicle (PEV) charging stations.

The following sign copy shall be incorporated into PEV charging station signs:

a.

Voltage and amperage levels;

b.

Safety information;

c.

Hours of operations if time limits or tow-away provisions are to be enforced by the property owner;

d.

Usage fees;

e.

Contact information for reporting when the equipment is not operating or other problems; and

f.

PEV parking spaces must be designated with signage stating "Electric Vehicle Charging Only."

(Ord. No. 4492, § 3, 6-21-2016)

The purpose of this section is to prevent damage to public property, protect the integrity of the electoral process, and prevent the erosion of aesthetic quality and historic values within the coastal zone. It is specifically recognized that if political signs on private property are not removed after the election is held, the deteriorating signs and accumulating debris become a blight, defacing the landscape and creating a public nuisance.

a.

Location. Political signs may not be affixed, installed, or erected within one hundred (100) feet of a polling place or historic site, nor within the right-of-way of any highway, nor within six hundred sixty (660) feet of the edge of a "Scenic Highway" or landscaped freeway, nor in any location where the sign will impair sight distance or create a hazard to traffic or pedestrians, nor on any telephone pole, lamppost, tree, wall, fence, bridge, bench, hydrant, curbstone, sidewalk or other structure in or upon any public right-of-way, nor upon any other public property.

b.

Political Signs on Private Property. No political sign face shall exceed thirty-two (32) square feet in sign area. The aggregate sign area of all temporary political signs placed or maintained on any lot in one (1) ownership shall not exceed ninety-six (96) square feet.

c.

Time Frames. Political signs shall not be posted sooner than ninety (90) days prior to a scheduled election administered by the County Elections Division. Said signs shall be removed within ten (10) days after the election.

d.

Enforcement. Any political sign not posted or timely removed in accordance with the provisions of this Article shall be deemed to be a public nuisance and shall be subject to removal by the candidate, property owner, or, when a ballot proposition is involved, the authorized agent of the group or organization sponsoring the sign or, upon their failure to do so after reasonable attempt at notice by the County, by County officers or zoning inspectors. Any political sign that is not removed within the specified period following an election shall be subject to summary removal and confiscation or disposal by the County at the expense of the responsible party.

(Ord. No. 4492, § 3, 6-21-2016)

Projecting signs shall comply with the following:

a.

Total sign area shall not exceed eight (8) square feet.

b.

All projecting signs shall be located a minimum of eight (8) feet above sidewalks and more than thirteen and one-half (13½) feet above roads. In no case shall projecting signs go beyond the maximum height of the structure.

c.

Projecting signs shall not extend over more than two-thirds (⅔) of the adjacent sidewalk.

(Ord. No. 4492, § 3, 6-21-2016)

8175-5.13.10.19 - Residential subdivision signs.

a.

Maximum Number—One on-site residential subdivision sign is permitted on the legal lot where an approved residential subdivision will be developed and may only be erected after a final subdivision map has been recorded.

b.

A residential subdivision sign shall comply with the setback requirements of the underlying zone and Section 8175-3.8, Clear Sight Triangles.

c.

Duration—Residential subdivision signs are permitted for a maximum period of twelve (12) months from the date of issuance of the Zoning Clearance sign permit for such sign or until all developed lots have been sold, whichever is the first to occur.

d.

Sign Copy—Residential subdivision signs shall advertise only residential subdivisions located within the County.

(Ord. No. 4492, § 3, 6-21-2016)

8175-5.13.10.20 - Service station signs.

On-site service station signs are only permitted in accordance with the following regulations:

a.

Attached signs are permitted as follows:

Maximum permitted area in square feet is three (3) times the square root of the area (in square feet) of the wall or canopy face. The total maximum area is two hundred (200) square feet for all attached signs, except when the wall area exceeds five thousand (5,000) square feet, the sign area may be increased by ten (10) square feet for each additional five hundred (500) square feet of wall area over five thousand (5,000), to a maximum of three hundred (300) square feet.

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2.

The maximum height of attached signs shall be no more than sixteen (16) feet, provided that the sign does not extend above the eaves of a gable roof nor more than two (2) feet above the face of the canopy or parapet wall to which it is attached.

==> picture [338 x 103] intentionally omitted <==

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3.

Brand name insignia, emblems or medallions may be attached to the building frontage of the service station. Symbol background area shall be no more than fourteen (14) square feet per symbol, and no more than ten (10) feet horizontally or eight (8) feet vertically.

b.

On-site Freestanding Signs. Freestanding signs are permitted as follows:

1.

One monument sign pursuant to Section 8175-5.13.9.1.

2.

One directional sign pursuant to Section 8175-5.13.9.1.

c.

Overall Sign Area Limit. The maximum total sign area for all signs on a service station site is three hundred (300) square feet.

d.

Numerical Sign Limit. There is no limit on the number of signs on a service station site.

e.

Identification Sign. An identification sign may be mounted on the side of a pump island canopy or may be attached to hang below the canopy provided that there is a minimum vehicle clearance of thirteen and one-half (13½) feet. No identification sign shall be located on top of the canopy.

(Ord. No. 4492, § 3, 6-21-2016)

a.

One symbol sign with a graphic presentation of goods or services sold or rendered on the premises, or a traditional emblem associated with a trade, shall be permitted on each building frontage of the enterprise, provided that it bears no written message or trademark.

b.

Symbol signs shall be affixed to the building, to a canopy, or to a wall that is part of the building frontage. Symbol signs shall not project over any publicly maintained right-of-way more than two (2) feet above a canopy or wall.

c.

No symbol sign, if attached to a building, shall exceed sixty-four (64) square feet in sign area.

d.

No symbol sign, if hanging from a canopy or facia, shall exceed two (2) square feet in sign area.

e.

Symbol signs shall be included in the total sign area of signs allowed on the lot where they are located.

(Ord. No. 4492, § 3, 6-21-2016)

Window signs shall not exceed twenty-five (25) percent of a given window's area. Any portion of the total window signage area that exceeds ten (10) square feet for an individual business shall be counted toward the attached sign area permitted for that business. Temporary signs painted on the exterior surface of the window are permitted for a period not to exceed thirty (30) days (see Section 8175-5.13.5(d) Promotional Temporary Signs). Permanent window signs attached to the exterior surfaces of windows are prohibited.

(Ord. No. 4492, § 3, 6-21-2016)

a.

A legal nonconforming sign is a sign that does not conform to the current development standards of this Article but was lawfully in existence and in use prior to and at the time the provisions of this Article with which it does not conform became effective.

b.

Except as provided in subsections 1 and 2 below, no person shall replace, alter, relocate or expand in any way, any legal nonconforming sign, including its supporting structure, unless the resulting sign is fully in conformance with the current development standards and permitting requirements of this Article.

1.

Routine maintenance and repair may be performed in accordance with Section 8175-5.13.4(d) provided that said maintenance and repair is not otherwise prohibited by the following subsection.

2.

Changing only the sign's copy or content shall not be considered an alteration for purposes of this Section. However, any change to the surface of the sign including, but not limited to, a background color change, shall be considered an alteration.

c.

Use of a legal nonconforming sign shall be considered to have been terminated and abandoned, and cannot thereafter be reestablished if, at any point in time:

1.

The use of the sign has ceased, or the sign or its structure have been abandoned, not maintained, or not used to identify or advertise an ongoing business or operation for sixty (60) days or more; or

2.

The sign has been damaged or destroyed and its repair or restoration, including its supporting structure, will cost more than fifty (50) percent of the cost to replace the sign and its supporting structure in entirety.

d.

Except as provided in subsection e. below, all legal nonconforming signs shall be removed or made to comply with the provisions of this Article within five (5) years from the effective date of the development standards of this Article which caused the sign to become legal nonconforming. If evidence is presented that a sign's value has not been fully amortized upon expiration of said five-year period, such sign may remain classified as a legal nonconforming sign until its value has been recovered. The Planning Director shall determine the validity of the claim and establish a new expiration and removal date. Such Planning Director determinations may be appealed in accordance with the provisions of this Chapter.

e.

Subsection d. above shall not apply to legal nonconforming signs for which State laws, such as Business and Professions Code secs. 5412 et seq., and 5490 et seq., prescribe time schedules and procedures for requiring the sign's removal without the need to compensate the sign's owner. Such signs shall be removed or made to comply with the provisions of this Article upon expiration of the shortest prescribed time period for requiring the sign's removal without the need to compensate the sign's owner.

(Ord. No. 4492, § 3, 6-21-2016)

8175-5.13.12 - Unauthorized signs.

a.

A sign is unauthorized and illegal, constitutes a public nuisance, and must be removed by its owner or the owner of the property where the sign is located if any of the following apply:

1.

It does not comply with the provisions of this Article and is not a legal nonconforming sign pursuant to Section 8175-5.13.11.

2.

It was a legal nonconforming sign but that designation has expired pursuant to Section 8175-5.13.11.

3.

The use of the sign has ceased, or the sign or its structure have been abandoned, not maintained, or not used to identify or advertise an ongoing business or operation for ninety (90) days or more.

4.

It identifies, advertises or otherwise pertains to a business or occupant that has permanently vacated the site or premises where the sign is located.

5.

It has been damaged or destroyed and its repair or restoration, including its supporting structure, will cost more than fifty (50) percent of the cost to replace the sign and its supporting structure in entirety, and the sign owner takes no action to repair or restore the sign in accordance with this Article for a period of ninety (90) days or more.

(Ord. No. 4492, § 3, 6-21-2016)

a.

The Planning Director shall give written notice to the owner of the premises as shown in the last equalized assessment roll, or as known to him or her, and to each person other than the owner who appears to be in possession or control of the premises. The notice shall be mailed by certified mail addressed to the premises where the violation exists and to the property owner at the address shown on the last equalized assessment roll. The notice shall contain the following:

1.

A general description of the sign which is allegedly in violation.

2.

A copy of the Section(s) of this Chapter which is being violated.

3.

A notice of time and place at which time the owner or the person responsible may appear and present evidence as to the absence of a violation.

b.

The Planning Director shall hold a hearing at the time and place set forth in the notice. At the hearing either the owner or the occupant of the premises, or both, may appear and be heard.

c.

If, at the conclusion of the hearing, the Planning Director finds that a violation of this Chapter is continuing to exist, then the Planning Director may order the sign to be summarily removed within a specified number of days. The Planning Director shall give notice that if the sign is not removed by the end of the period specified, the County may remove the sign.

d.

The notice provided pursuant to subsection a. above shall be appropriate given the type of sign and circumstances but, in no event, shall it be less than fourteen (14) calendar days before the hearing date.

e.

Each person who erects a sign, which is subject to removal under this section, and each owner of the property upon which the sign is erected, are jointly and severally liable for the cost of removal.

f.

The County may dispose of the sign sixty (60) days after removal by giving the owner notice that the owner may redeem the sign by paying the cost of removal, or if he or she fails to do so, the County will dispose of the sign as it sees fit without further liability to the owner for this action.

g.

The summary sign removal provisions of this Section are cumulative and in addition to all other available code enforcement remedies and penalty provisions set forth in this Chapter, including but not limited to Article 13, and other applicable law.

h.

This Section shall not apply to the summary removal of political signs by the County pursuant to Section 81755.13.10.17d.

(Ord. No. 4492, § 3, 6-21-2016)

A mobilehome, recreational vehicle or commercial coach may be used as a temporary dwelling unit or office on a construction site in accordance with Section 8174-5, provided that a building permit for such construction is in full force and effect on the same site. Said mobilehome or recreational vehicle shall be connected to a permanent water supply and sewage disposal system approved by the County Environmental Health Division,

and shall be removed from the site within forty-five (45) days after a clearance for occupancy is issued by the County Division of Building and Safety.

(Ord. No. 4451, § 9, 12-11-2012)

A mobilehome, manufactured building or self contained travel trailer may be used as a temporary dwelling unit by the former resident(s) of dwellings involuntarily damaged or destroyed by natural disaster, as determined by the Planning Director, subject to the following provisions:

(a)

The temporary dwelling is on the same lot on which the reconstruction is occurring and the lot is legal.

(b)

The dwellings(s) to be reconstructed were legally established and inhabited at the time they were damaged or destroyed.

(c)

The temporary dwelling is deemed habitable by the Building Official following the issuance of a Zoning Clearance by the Planning Division and the issuance of a Building Permit for the temporary dwelling by the Building and Safety Division.

(d)

The temporary dwelling may remain on the site for six (6) months, and the Planning Director may grant one (1) additional six (6) month extension if substantial progress toward reconstruction has occurred and a "temporary building during construction" cannot be authorized.

(e)

The granting of a temporary dwelling does not serve to legalize an illegal lot, authorize subsequent permanent dwellings or supersede the permit process for permanent structures.

(f)

The temporary dwelling shall be replaced as soon as practical by a "temporary building during construction", but no later than forty-five (45) days after the authorization of such a building during construction.

(g)

Unless otherwise authorized by the Zoning Ordinance, the temporary building during reconstruction shall be removed within forty-five (45) days of the occupancy of the permanent dwelling undergoing reconstruction.

(Add. Int. Urg. Ord. 4044—11/2/93; Amend and Extended Int. Urg. Ord. 4050—12/14/93; Ord. No. 4451, § 9, 12-11-2012)

In a park or recreation area owned or operated by the County, the owner(s) of a recreational vehicle that is licensed and equipped for highway travel may reside in the recreational vehicle for up to six (6) months in any twelve (12) month period, in accordance with an approved Park Host program. Sewage disposal shall be provided by means of a system approved by the Environmental Health Division.

(Ord. No. 4451, § 9, 12-11-2012)

The temporary storage of construction materials is permitted on a lot adjacent to one on which a valid Zoning Clearance and Building Permit allowing such construction are in force, or on a project site within a recorded subdivision. Such storage is permitted during construction and for 45 days thereafter.

The following standards shall apply to all development involving grading and/or vegetation removal unless such activities do not require a Coastal Development Permit, pursuant to the General Exclusions set forth in Section 8174-6.3.6. The Public Works Agency and Resource Management Agency shall review all Coastal Development Permit applications subject to these standards (such permits are referred to as "grading permits" in this Section 8175-5.17) in the coastal zone for conformance with the standards. See Section 8178-2 for permitting requirements and standards for grading and brush/vegetation removal in an ESHA or buffer zone.

8175-5.17.1 - Grading plans shall minimize all areas of earth disturbance. If it is determined that a project is feasible with less alteration of the natural terrain than is proposed, that project shall be denied.

8175-5.17.2 - All earth disturbance shall be designed to minimize impacts and alterations of physical features and processes of the site (i.e., geological, soils, hydrological, siltation, water percolation, runoff, the spread of invasive or invasive watch list species and adverse impacts on biological resources), to the maximum extent feasible. During the winter rainy season (October 1—April 15), grading and brush/vegetation removal is prohibited, except when such activities are conducted in accordance with best management practices, and the Planning Director, in consultation with the Public Works Agency, determines that one (1) or more of the following circumstances apply:

(a)

Grading or brush/vegetation removal is necessary to remediate or prevent hazardous geologic conditions that endanger public health and safety.

(b)

A grading permit was issued, and grading was initiated prior to the rainy season, but was not completed due to unforeseen circumstances or construction delays, and completion of grading would be more protective of sensitive environmental resources or would reduce erosion and sedimentation.

(c)

Identified, active bird nesting/roosting sites at the project site prevented grading or brush/vegetation removal during the prior non-rainy season (April 16—Sept. 30).

(d)

Minor grading or brush/vegetation removal is necessary to maintain safe public access on existing roads or trails in public parks managed by the California Department of Parks and Recreation.

If none of the circumstances listed above apply, then grading and brush/vegetation removal activities shall be halted at the onset of the winter rainy season, and installed erosion control measures shall be maintained, in accordance with the approved permit, until grading resumes after the winter rainy season. (See Section 81755.17.5 for stormwater protection measures required during winter rainy season.)

f the circumstances listed above apply, then grading and brush/vegetation removal activities shall be halted at the onset of the winter rainy season, and installed erosion control measures shall be maintained, in accordance with the approved permit, until grading resumes after the winter rainy season. (See Section 81755.17.5 for stormwater protection measures required during winter rainy season.)

8175-5.17.3 - For permitted grading or brush/vegetation removal operations on hillsides with slopes that exceed twenty (20) percent gradient, the smallest practical area of land shall be exposed at any one time during development, and the length of exposure shall be kept to the shortest practicable amount of time. All erosion control measures, per the approved permit, shall be installed prior to any on-site grading and brush/vegetation removal activities.

8175-5.17.4 - Sediment containment systems and erosion control methods (e.g., desilting basins or silt traps) shall be installed, per the approved grading permit, on the project site prior to or concurrent with the initial grading operations and maintained by the applicant through the development process to capture sediment from runoff waters. All captured sediment shall be retained on-site unless removed to an appropriate approved dumping location.

8175-5.17.5 - All stormwater protection measures shall be installed, per the approved grading permit, prior to any grading or brush/vegetation removal and prior to the winter rainy season (October 1—April 15). All stormwater protection measures shall be maintained to function as designed throughout the winter rainy season. Where construction will extend into the winter rainy season, the following standards shall apply:

(a)

Suitable stabilization methods shall be used to protect all areas of disturbance from erosion. The appropriate methods shall be prepared by a qualified storm water designer and approved by the Ventura County Public Works Agency.

(b)

The smallest practical area of land shall be exposed at any one time during development, and the length of exposure shall be kept to the shortest practicable amount of time.

(c)

Stormwater quality protection measures for hillsides with slopes that exceed twenty (20) percent gradient and for areas with ESHA or buffer zone shall be consistent with the standards required for "high risk sites."

8175-5.17.6 - All areas of disturbance shall be fully stabilized at the completion of rough grading. Within 90 days of rough grading, at least sixty (60) percent of the disturbed areas shall be covered with native plantings, and all remaining areas shall be covered with mulch, rock lining, or similar materials to control erosion. Within ESHA or buffer zones, revegetation planting shall be of native grasses and shrubs, and completed in accordance with Sections 8178-2.7.4.2, 8178-7, and 8178-8. Outside ESHA or buffer zones, restoration planting shall be conducted in accordance with Section 8178-8.4.2.5.1.

ve plantings, and all remaining areas shall be covered with mulch, rock lining, or similar materials to control erosion. Within ESHA or buffer zones, revegetation planting shall be of native grasses and shrubs, and completed in accordance with Sections 8178-2.7.4.2, 8178-7, and 8178-8. Outside ESHA or buffer zones, restoration planting shall be conducted in accordance with Section 8178-8.4.2.5.1.

8175-5.17.7 - Development shall be designed so that any difference (i.e., increase) in storm flow rate or amount must either be percolated into the ground onsite or released at the undeveloped flow rate from the site. Site discharge shall occur in a manner that avoids adverse impacts downstream (in velocity or duration) as follows:

(a)

Grading permit applications must include a hydrology and hydraulics report, prepared by a civil engineer, that includes a map showing the entire drainage area and the estimated runoff of the area.

(b)

The report shall examine several frequencies of storms consisting of two-year, ten-year, 50-year, and 100-year events, and demonstrate that the proposed site drainage design will either retain or detain the difference between the pre-development storm flow rate and post-development storm flow rate for the storm events listed above.

(c)

The civil engineer preparing the hydrology and hydraulics report shall consider alternative, low-impact design methods to handle and improve stormwater quality runoff.

All stormwater management practices shall be updated as necessary to prevent erosion and control construction related pollutants from discharging from the site. Erosion and sediment controls shall be maintained in good working order. Erosion control plans shall describe the measures to minimize erosion and control runoff such that the transport of sediment from the work site to watercourses, other sensitive habitat areas (ESHA), and to offsite property is minimized, and to ensure that peak stormwater flow rate/amount does not exceed peak flow rate/amount under the preconstruction conditions.

8175-5.17.8 - Degradation of the water quality of groundwater basins or wet environments shall not result from development of the site. Pollutants such as chemicals, fuels, lubricants, raw sewage, or other harmful waste shall not be discharged into or alongside coastal streams,wetlands or other wet environments either during or after construction.

8175-5.17.9 - The Ventura County Resource Conservation District and the State Department of Fish and Wildlife shall be consulted for grading of hillsides that exceed twenty (20) percent gradient and brush clearance in excess of one-half (½) acre. In all cases, best management practices shall be used.

8175-5.17.10 - When an approved grading permit expires for a construction site, the permittee shall be responsible for the installation and maintenance of permitted, permanent erosion and sedimentation measures.

(Ord. 3882—12/20/88; Ord. No. 4451, § 9, 12-11-2012; Ord. No. 4586, 10-19-2021)

Farm worker and animal caretaker dwelling units shall be developed in accordance with the following standards:

(Ord. No. 4451, § 5, 12-11-2012)

Farm worker and animal caretaker dwelling units shall only be rented or provided under the terms of employment to persons who are employed full time (minimum of thirty-two (32) hours per week) as farm workers or animal caretakers by the property owner or lessee of the lot upon which the dwelling unit sits, or on other land in County that is under the same ownership or lease as the property with the dwelling unit. A farm worker or animal caretaker who has been renting or occupying a farm worker or animal caretaker dwelling unit,

and who subsequently retires or becomes disabled, may continue to reside in the dwelling unit. Members of the farm worker's or animal caretaker's household, if any, may also occupy said dwelling unit.

(Ord. No. 4451, § 5, 12-11-2012)

8175-5.18.2 - Annual verification of farm worker or animal caretaker employment.

The owner of the property, or his/her designated agent, must submit all County-required verification fees as established by resolution of the Board of Supervisors and an annual verification report by May 15th of each year to the Planning Director or his or her designee, in a form acceptable to the Planning Director, demonstrating that the farm worker(s) or animal caretaker(s) residing in the farm worker or animal caretaker dwelling unit(s) meet(s) the employment criteria established in Section 8175-18.1.

(Ord. No. 4451, § 5, 12-11-2012)

Bed-and-breakfast inns shall be developed in accordance with the following standards:

8175-5.19.1 Bed-and-breakfast inns shall contain no more than six (6) guest bedrooms.

8175-5.19.2 Bed-and-breakfast inns shall accommodate no more than fifteen (15) guests at any time.

8175-5.19.3 No guest shall occupy a bed-and-breakfast inn for more than thirty (30) consecutive days.

(Ord. No. 4451, § 5, 12-11-2012)

8175-5.20 - Wireless communication facilities. 8175-5.20.1 - Purpose.

The purpose of this section is to provide uniform standards for the siting, design, and permitting of wireless communication facilities in the coastal zone. Regulations within this Chapter are designed to provide for the communication needs of residents and businesses in a manner that is consistent with visual resource policies, public access policies, sensitive habitat policies, and other provisions of the Local Coastal Program. These regulations are also intended to be consistent with state and federal law, including the federal Telecommunications Act of 1996 and the Middle Class Tax Relief and Job Creation Act of 2012.

(Ord. No. 4498, § 3, 12-6-2016)

8175-5.20.2.1 - Facilities and activities covered.

All facilities, devices, and activities that meet the definition of a wireless communication facility (see Section 8172-1) are covered by Section 8175-5.20.

(Ord. No. 4498, § 3, 12-6-2016)

The facilities, devices, and activities listed below are not covered by the provisions of Section 8175-5.20:

(a)

Non-commercial antennas such as citizen band radios and amateur radio facilities that are an accessory structure to a dwelling. (See standards for non-commercial antennas in Sections 8175-4.9 and 8175-5.1(i).)

(b)

Residential TV antennas, satellite and digital TV dishes less than one (1) meter in diameter.

(c)

Repair and Maintenance. Work performed by the operator to maintain a facility at its permitted condition with no change to the physical dimensions of the authorized development—including the repair, restoration or replacement of existing faux design elements, antennas, and equipment within an equipment cabinet. In all cases, the replacement of antennas or faux design elements shall be limited to reproductions of the originally permitted equipment. Repair and maintenance also includes testing and repair of operational features which do not alter the physical dimensions of the permitted wireless communication facility—such as backup generators, fire suppression systems, air ventilation systems, and cable modifications in cable conduits. Repair and maintenance does not include modifications (see Section 8175-5.20.12.1(d)), or the replacement of the supporting tower, pole, or base station.

(Ord. No. 4498, § 3, 12-6-2016)

8175-5.20.2.3 - Wireless communication facilities on government and public works buildings.

Any wireless communication facility, including a non-commercial antenna, located on a government building or public works facility, such as a police or fire station, shall be permitted as an accessory use if it is used exclusively for government operations or for public safety (e.g., police, fire and emergency management operations). Such facilities shall be processed as part of the underlying land use permit for the government building or public works facility. Wireless communication facility modifications shall be made pursuant to Section 8175-5.20.12 and in accordance with the development standards in Sections 8175-5.20.3 and 81755.20.4(a).

(Ord. No. 4498, § 3, 12-6-2016)

8175-5.20.2.4 - Wireless communication facilities for public safety.

Except when located in a restricted location (see Section 8175-5.20.3(g)), the applicable County decisionmaking authority may waive or modify one (1) or more of the development standards in Sections 8175-5.20.3 and 8175-5.20.4(a) for a wireless communication facility that is exclusively used for the delivery of government services. In addition, such facilities shall be used primarily for public safety (e.g., public works, animal services, health care, and human services). Such waivers or modifications shall only be permitted when the application of a development standard would effectively prohibit the installation of that facility. In order to waive or modify a development standard, the applicant shall demonstrate in writing that a waiver or modification of the standard is necessary for the provision of public safety services and that such waivers or modifications do not exceed what is necessary to remove the effective prohibition.

(Ord. No. 4498, § 3, 12-6-2016)

8175-5.20.2.5 - Wireless communication facilities located in the public rights-of-way.

Any wireless communication facility located within the public road rights-of-way requires authorization by a permit issued by the Planning Division and an encroachment permit issued by Caltrans (for state roadways) or the Transportation Department, Ventura County Public Works Agency (for County roadways). See Section 8175-5.20.4 for development standards for wireless communication facilities located in the public road right-ofway.

(Ord. No. 4498, § 3, 12-6-2016)

The following development standards apply to all wireless communication facilities. In the event of a conflict between the standards prescribed in this Section (Section 8175-5.20.3) and the standards prescribed for the public road rights-of-way (Section 8175-5.20.4), the standards that are most protective of coastal resources shall prevail.

(a)

Concealment Requirements. To minimize visual impacts, the following standards shall apply:

(1)

Any facility that is fifty (50) feet or less in height shall be designed as a stealth facility;

(2)

Whenever technically feasible, any facility that is fifty-one (51) to eighty (80) feet in height shall be designed as a stealth facility; and

(3)

Any facility that exceeds eighty (80) feet in height shall be defined as a non-stealth facility but shall utilize all feasible concealment techniques in the facility design.

Any facility that is not designed as a stealth facility, or any facility that exceeds eighty (80) feet in height, is subject to the requirements of Section 8175-5.20.3(b) below. Technical expert review of propagation diagrams, alternative sites analysis, and the information provided to satisfy each provision in Section 8175-5.20.3(b) below will be required for a wireless communication facility that exceeds eighty (80) feet in height to demonstrate that the height is necessary to meet service coverage needs.

(b)

Exceptions to Stealth Facilities. A non-stealth wireless communication facility shall only be authorized where such a facility is required pursuant to federal law as described in Section 8175-5.20.5. Applications for a nonstealth facility shall include an alternative sites analysis and written and graphic information that demonstrates each of the following:

(1)

One (1) or more shorter stealth facilities would be technically infeasible (i.e., the applicant demonstrates that adequate service coverage cannot be met by one (1) or more stealth facilities); and

(2)

The proposed facility is designed to blend with the environment to the maximum extent feasible (see Section 8175-5.20.3(c)); and

(3)

A stealth facility consistent with the height limits in Section 8175-5.20.3(h) would be inconsistent with one (1) or more key provisions of the federal Telecommunications Act (see Section 8175-5.20.5).

(c)

Making Wireless Communication Facilities Compatible with the Existing Setting. Wireless communication facilities shall be located and designed to be compatible with the existing setting as follows:

(1)

Location. To the maximum extent feasible, facilities shall be located in areas where existing topography, vegetation, buildings, or structures effectively screen and/or camouflage the proposed facility;

(2)

Facility Design. Facilities shall be designed (i.e., size, shape, color, and materials) to blend in with the existing topography, vegetation, buildings, and structures on the project site as well as its existing setting to the maximum extent feasible; and

(3)

Interference with Access and Transportation. Facilities shall not interfere with public access to and along the coast, and shall not alter any method of transportation, conflict with requirements of the Americans with Disabilities Act, block or reduce coastal access, or obstruct clear line-of-sight triangles within the public rightof-way.

(4)

Military Compatibility. Facilities should be sited and designed for compatibility with military security requirements and frequency spectrum needs to avoid interference with military operations.

(d)

Siting Criteria. The order of priority for siting a wireless communication facility is as follows:

(1)

In a "preferred" location pursuant to subsection (e) below; or

(2)

In a "neutral" location, which is defined as a site that is not identified as a "preferred," "non-preferred" or "restricted" location; or

(3)

In a "non-preferred" location pursuant to subsection (f) below; or

(4)

In a "restricted" location pursuant to subsection (g) below.

With the exception of a "preferred" location, the applicant shall demonstrate, based on substantial evidence provided by an alternative sites analysis (see Section 8175.20.10(j), that all higher priority locations are infeasible. In a restricted location, technical expert review of propagation diagrams, alternative sites analysis, and other information will be required for a wireless communication facility to demonstrate that the proposed facility is necessary to meet service coverage needs (see Section 8175-5.20.5.1).

(e)

Preferred Locations. The following sites are defined as "preferred" locations:

(1)

Collocated on an existing wireless communication facility with adequate height and structure to accommodate additional wireless communication facilities (see Section 8175-5.20.6), with the exception of locations where a collocated facility would degrade the visual quality of the area.

(2)

Flush-mounted on an existing structure, pole, or building when located in the COS, CA and CM zones.

(3)

Within the public road rights-of-way along existing developed roadways and mounted on existing overhead utility facilities, streetlight poles, or traffic signals, with the exception of facilities located on scenic or eligible scenic highways.

(4)

In locations where the existing setting includes features of sufficient height and mass to effectively conceal the wireless communication facility, such as settings where the facility can be concealed in an existing building or nestled within an existing grove of trees.

(5)

Located within, contiguous with, or in close proximity to existing wireless communication facilities, provided that the clustered facilities will be more protective of coastal resources when compared to a non-clustered facility configuration.

(f)

Non-Preferred Locations. The following sites are defined as "non-preferred" locations:

(1)

On a ridge where the facility is not a silhouette from public viewing areas.

(2)

On a structure, site or in a district designated as a local, state, or federal historical landmark (see Section 81755.20.3(k)).

(3)

On slopes greater than twenty (20) percent;

(g)

Restricted Locations. The following sites are defined as "restricted" locations:

(1)

Within an ESHA or within an ESHA buffer zone (see Section 8175-5.20.3(m)), except where a wireless communication facility is allowed within a developed public road right-of-way in a location that is also within an ESHA buffer zone, and then it may be processed as a preferred location pursuant to subsection (e) above, provided that no extension of fuel modification into ESHA results from the facility.

(2)

On lots between the mean high tide line and the first public road parallel to the sea, with the exception of building-concealed facilities.

(3)

On a ridgetop or a ridge where the facility is a silhouette from public viewing areas.

(h)

Height:

(1)

How to Measure. Unless otherwise indicated in this section (Section 8175-5.20.3), the height of a groundmounted wireless communication facility shall be measured from the adjacent, average existing grade to the highest point of the facility (i.e., antenna, equipment, concealment elements, faux structure, or other component of the facility).

(2)

Minimizing Visual Impacts. The height of a wireless communication facility shall be limited to what is necessary to provide adequate service or coverage.

(3)

Building-Concealed Facility Height. Building-concealed wireless communication facilities shall not exceed the maximum building height limits of the zone in which the building is located (see Section 8175-2 for maximum building height limits and Section 8175-3.13 for measurement of building height) unless one of the following apply:

a.

The height standard in Section 8175-5.20.3(h)(4)(d) applies when a building-concealed facility is located in a rooftop addition such as a cupola, faux chimney, or similar type of roof structure or architectural projection (see Section 8175-4.8). Architectural projections (e.g., steeples or bell towers) which are traditionally attached to assembly use buildings, such as community centers or churches, may extend above the height standard if the architectural projection is proportionate to the structure to which it is attached.

b.

An existing building that exceeds the maximum building height limit (i.e., a legally non-conforming structure) may be used to conceal a wireless communication facility.

(4)

Stealth Facility Height. The maximum heights of specific types of stealth facilities are as follows:

a.

The maximum height of a faux structure is defined in Table 1 below or, alternatively, the maximum height may be calculated as the average height of similar (representative) structures found in the local setting plus five (5) feet, whichever is less.

b.

Faux trees shall maintain a natural appearance and shall be similar in height to nearby trees (see subsections i, ii, and iii below). The maximum allowable height of a faux tree shall be as follows:

i.

No Nearby Trees. Maximum heights in Table 2 apply if there are no trees within a 150-foot radius of the faux tree.

Table 2 Maximum Height of Faux Trees* Type of Structure Maximum Height

*See Section 8175-5.20.3(r) for tree planting height requirements and Section 8178-8.4.1.2 for restrictions on the types of trees which can be planted in the coastal zone.

ii.

Tree Canopy. The maximum height of a faux tree located within, or adjacent to, a tree canopy may extend up to fifteen (15) feet above the height of the existing tree canopy when both of the criteria listed below are met:

•

The applicant demonstrates, to the satisfaction of the Planning Director, that a lower faux tree height would result in obstructed coverage of the proposed facility due to the existing tree canopy; and

•

The average tree height of the canopy is at least thirty (30) feet high, and the nearest tree in the canopy is located within one hundred fifty (150) feet of the faux tree; and the faux tree is sited behind the canopy relative to public viewing areas.

Calculations for the height of the existing tree canopy may be increased to include the estimated growth of trees within the canopy at the end of the permit period, provided that such estimates are prepared by a certified arborist.

•

Surrounding Trees (non-canopy). A faux tree may extend up to five (5) feet above the maximum height of trees within a 150-foot radius. The maximum height of surrounding trees should be measured using existing tree heights, unless a certified arborist provides an estimated maximum height that includes average growth of the surrounding trees at the end of the permit period.

*The maximum height limits for faux trees are based on the height of a mature tree for selected species, as established by the U.S. Department of Agriculture, Natural Resources Conservation Service's plants database.

c.

Slim-line pole wireless communication facilities shall not exceed fifty (50) feet in height.

d.

Roof-mounted wireless communication facilities shall not exceed six (6) feet in height from the finished roof of the existing building.

e.

Flush-mounted wireless communication facilities shall not extend above the finished building height. If mounted on a structure other than a building, such as a pole, then the antenna shall not extend more than six (6) feet above the structure.

(i)

Setbacks.

(1)

All wireless communication facilities shall comply with the required minimum front, side, and rear yard setbacks for the zone in which the site is located. No portion of an antenna array shall extend beyond the property lines.

(2)

Ground-mounted wireless communication facilities shall be set back a distance equal to the total facility height or fifty (50) feet, whichever is greater, from any offsite dwelling unit.

(3)

Whenever feasible, a new ground-mounted wireless communication facility shall be set back from a property line to avoid creating the need for fuel modification zone clearance on adjacent properties.

(j)

Retention of Concealment Elements. No modification of an existing wireless communication facility shall be authorized that would defeat the concealment elements of the permitted facility. Concealment elements are defeated if any of the following occur:

(1)

A stealth facility is modified to such a degree that it results in a non-stealth facility; or

(2)

The stealth facility no longer meets the applicable development standards for stealth facilities in Sections 81755.20.3 and 8175-5.20.4(a); or

(3)

Equipment and antennas are no longer concealed by the permitted stealth design features; or

(4)

Proposed modifications to a stealth facility, designed to represent a commonly found element in the environment or community (such as a tree, rock, or building), result in a facility that no longer resembles the commonly found element due to its modified height, size, or design.

(k)

Additional Standards for Specific Types of Wireless Communication Facilities:

(1)

Building-Concealed Facilities.

a.

Wireless communication facilities shall not increase building width or create building features that protrude beyond the exterior walls of the building.

b.

Wireless communication facilities concealed within a building addition shall be limited to the area/volume required for the wireless technology and shall not increase habitable floor area, include general storage area, or provide any use other than wireless technology concealment. Building additions shall only be approved where the addition would otherwise be allowed consistent with all other policies and provisions of the LCP, including zone standards.

(2)

Roof-Mounted Facilities.

a.

Shall be hidden by an existing or newly created building or architectural feature (such as a parapet), or shall be concealed from public viewing areas using architectural features, screening devices, or by siting the facility so that it is concealed from offsite viewpoints.

b.

Shall be compatible with the architectural style, color, texture, façade design, and materials and shall be proportional to the scale and size of the building. Newly created architectural features or wireless equipment shall not protrude beyond the exterior walls of the building.

(3)

Flush-Mounted Facilities. A wireless communication facility may be flush-mounted on a building or other structure pursuant to the following standards:

a.

Shall be designed as a stealth facility and shall be compatible with the architectural style, color, texture, façade, and materials of the structure. Panel antennas shall not interrupt architectural lines of building façades, including the length and width of the portion of the façade on which it is mounted. Mounting brackets, pipes, and coaxial cable shall be screened from view.

b.

Any light pole, utility pole, or traffic signal with a flush-mounted wireless communication facility must exhibit a similar appearance to existing local light poles, utility poles, and traffic signals.

c.

Should be attached to a vertical surface. However, when flush-mounting is infeasible, the facility may be mounted atop a light pole, atop a traffic signal pole, or hung from a utility pole on a horizontal antenna mount.

Panel antennas shall be mounted no more than eighteen (18) inches from building surfaces or poles, and shall appear as an integral part of the structure. Panel antennas may be mounted a greater distance than eighteen (18) inches from lattice towers, utility poles, and other industrial structures provided that concealment elements are not defeated (see above Section 8175-5.20.3(j)).

d.

Associated equipment for the antenna is located inside an existing building, on a rooftop, underground, at the ground level, or on a pole other than a slim-line pole.

(4)

Faux Trees.

a.

Shall incorporate a sufficient amount of "structural branches" (including density and vertical height) and design materials (e.g., faux bark) so that the structure is as natural in appearance as technically feasible.

b.

Antennas and antenna support structures shall be screened or colored to match the components (i.e., branches and leaves) of the faux tree.

c.

Shall be the same type of tree (i.e., similar in color, height, shape, etc.) as existing trees in the surrounding area (i.e., within approximately a 150-foot radius of the proposed facility location). If there are no existing trees, see tree planting requirements in Section 8175-5.20.3(r).

d.

Wireless communication facilities designed as a faux tree shall not resemble non-native, invasive trees (see Appendix L6, Invasive Plant List).

(5)

Monorocks.

a.

Shall only be located in areas with existing, natural rock outcroppings.

b.

Shall match the color, texture, and scale of rock outcroppings adjacent to the proposed project site.

c.

Shall not destabilize or substantially alter existing, natural rock outcroppings.

(6)

Other Stealth Facilities:

a.

Faux structure types, including but not limited to water tanks, flag poles, windmills, and light poles, may be used as a stealth facility when that type of structure is commonly found within the local setting of the wireless communication facility.

b.

Any faux light pole or faux utility pole must exhibit a similar appearance (e.g., color, materials. shape, etc.) to existing light poles or utility poles within that vicinity.

c.

Slim-line poles may be utilized in settings which are deficient in existing structures or trees and where the planting of new trees is not feasible. Such facilities shall utilize flush-mounted antenna and shall not have mechanical equipment arms or antenna arrays extending from the sides. The pole diameter shall be the minimal width necessary to provide structural support, and shall not exceed sixteen (16) inches. Facility color and materials shall be selected to visually blend into the setting. Associated equipment for the antenna shall be located inside an existing building, on a rooftop, underground, or at the ground level but shall not be located on the pole.

(7)

Other Concealment Techniques. A non-stealth facility permitted in accordance with Section 8175-5.20.3(b) shall include technically feasible camouflage or concealment design elements that minimize visual impacts. Such elements may include the following:

a.

Coloration, texture, location, and orientation techniques that blend the facility into the existing setting;

b.

Tree planting, concealment within a grove of trees, and other screening techniques listed in Section 81755.20.3(r).

(l)

Historical Landmarks/Sites of Merit. A wireless communication facility shall not be constructed, placed, or installed on a structure, site or district designated by a federal, state, or County agency as an historical landmark or site of merit unless that facility is designed to meet the Secretary of the Interior's (SOI) Standards. If the facility does not meet these standards, then the Cultural Heritage Board must determine that the proposed facility will have no significant, adverse effect on the historical resource.

(m)

Environmentally Sensitive Habitat Areas. All wireless communication facilities and their accessory equipment in environmentally sensitive habitat areas shall be sited, designed, and conditioned as follows:

(1)

The placement of facilities within ESHA or an ESHA buffer zone shall be restricted (see restricted location regulations in Section 8175-5.20.3(g)).

(2)

The facility shall be designed to minimize the size of the footprint and removal of vegetation, including all associated development and required fuel modification.

(3)

Where feasible, the facility shall be located in an existing, legally disturbed area.

(4)

Wireless communication facilities shall have daytime visual markers on guy wires to prevent collisions by birds.

(5)

All impacts on ESHA due to the development of wireless communication facilities shall be mitigated.

(n)

Ridgelines. All wireless communication facilities and associated accessory equipment on ridgelines shall be sited, designed, and conditioned as follows:

(1)

The placement of facilities on a ridgetop, or on a ridge where the facility is a silhouette above the ridgeline, shall be restricted (see restricted location regulations in Section 8175-5.20.3(g)).

(2)

The placement of facilities on a ridge where the facility is not located on the ridgetop and is not a silhouette shall be avoided (see non-preferred location regulations in Section 8175-5.20.3(f)).

(3)

Where a wireless communication facility is allowable on or along a ridgeline, the feasible alternative with the fewest and least significant impacts on Coastal resources shall be selected and all impacts shall be fully mitigated

(4)

Facilities sited on a ridgeline or hillside shall blend with the surrounding natural and man-made environment to the maximum extent possible. Blending techniques that should be utilized include the use of non-reflective materials, paint, or enamel to blend exterior surfaces with background color(s); the placement of facilities behind earth berms or existing vegetation; siting of associated equipment below ridgelines, and the use of small stealth facilities (such as stealth slim-line poles or whip antennas) that blend in with the surrounding vegetation.

(o)

Public Viewing Areas. Wireless communication facilities that are prominently visible from public viewing areas, including a designated or eligible scenic highway shall be sited, designed, and conditioned to achieve the following:

(1)

Minimize visibility from public viewing areas by reducing mass and height or by siting the facility away from public viewing areas.

(2)

Minimize grading, landform alteration, and clearance of vegetation.

(p)

Accessory Equipment. All accessory equipment associated with the operation of a wireless communication facility shall be incorporated within existing structures, located underground, or placed at ground-level and screened to prevent the facility from being prominently visible from a public viewing area to the maximum extent feasible. If such locations are not feasible, then accessory equipment may be located on a utility pole or other structure, provided that the equipment meets the following standards:

(1)

The battery cabinet, amplifiers, microwave antennas, and equipment mounts shall be designed or painted to match the color of the support structure;

(2)

The battery cabinets shall be located within three (3) feet of the ground surface unless this placement would impede access pursuant to the Americans with Disabilities Act; and

(3)

Cables shall be installed within steel poles when feasible. External cables shall be taut and loops of cable shall not be exposed.

Also see Section 8175-5.20.4(a)(5) for equipment boxes and cabinets located on wireless communication facilities in the road right-of-way.

(q)

Colors and Materials. All wireless communication facilities shall use materials and colors that blend in with the natural or man-made surroundings. Highly reflective materials are prohibited.

(r)

Landscaping for Screening. If landscaping is used to screen a facility, the following standards apply:

(1)

The permittee shall plant, irrigate and maintain drought-tolerant landscaping during the life of the permit when such vegetation is deemed necessary to screen the wireless communication facility from being prominently visible from a public viewing area.

(2)

New landscaping of a sufficient height and density shall be planted to provide the desired effect within three (3) years of growth. Landscaping trees shall be planted at a sufficient height to reach seventy-five (75) percent of the faux tree's height within five (5) years of growth.

(3)

If there are no existing trees within the surrounding area of a faux tree (i.e., within approximately a 150-foot radius of the proposed facility location), the vicinity of the facility shall be landscaped with newly planted native, or non-invasive trees (see Section 8178-8.4.1.2). The trees should be compatible with the faux tree design.

(4)

New trees required as part of a landscape plan for a faux tree shall be a minimum size of 36-inch box to help ensure survival of the tree. Palm trees shall have a minimum brown trunk height of sixteen (16) feet.

(s)

Security.

(1)

Each wireless communication facility shall be designed to prevent unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations or visual blight. The approving authority may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism. All security measures shall be evaluated as part of the wireless communication facility permit and shall be sited and designed in a manner that is most protective of coastal resources.

(2)

All fences shall be constructed of materials and colors that blend in with the existing setting. The use of a chain link fence is prohibited except where the chain link fence is not visible from a public viewing area.

(t)

Lighting.

(1)

Any necessary security lighting shall be down shielded and controlled using motion sensors to minimize glare and light directed at adjacent properties or environmentally sensitive habitats areas (see also Section 81782.6.15 for additional regulations for outdoor lighting in ESHA and buffer zone).

(2)

Other types of illumination may be permitted when required by the Federal Aviation Administration (FAA).

(3)

Wireless communication facilities greater than two hundred (200) feet in height shall not exceed FAA standards for pilot warning and obstruction avoidance lighting. If such a facility is located within the Santa Monica Mountains (M) Overlay zone, see Section 8177-4.1.11.5(j) for additional lighting requirements.

(u)

Signage. A permanent, weather-proof identification sign, subject to the sign regulations in Section 8175-5.13, shall be displayed at eye level in a prominent location and shall be directly attached to the facility, on any utility pole which the facility is mounted, or on the gate or fence surrounding the wireless communication facility. The sign must identify the current facility operator(s), provide the operator's address, and specify a local or toll-free 24-hour telephone number at which the operator can be reached for response to a maintenance issue or during an emergency.

(v)

Access Roads.

(1)

Where feasible, wireless communication facility sites shall be accessed by existing public or private access roads and easements.

When the construction of a new access road cannot be avoided, the road shall be sited in a manner that is most protective of coastal resources and shall only be approved when consistent with all other policies and provisions of the LCP.

(Ord. No. 4498, § 3, 12-6-2016; Ord. No. 4586, 10-19-2021)

8175-5.20.4 - Development standards for wireless communication facilities located in the public rights-of-way.

Development standards for wireless communication facilities in the public road rights-of-way shall be used in conjunction with applicable standards in Section 8175-5.20.3 above. In addition to the permit issued by the Planning Division, a wireless communication facility in the public rights-of-way will also require an encroachment permit from the California Department of Transportation or the Ventura County Public Works Agency. This section allows for the placement of wireless communication facilities within public road rights-ofway along existing developed roadways and does not apply to undeveloped public road rights-of-way.

(a)

Within the public road right-of-way, a wireless communication facility shall be designed as a stealth facility pursuant to Section 8172-1, and the facility shall meet the following standards:

(1)

The preferred type of stealth facility is a flush-mounted wireless communication facility on an existing pole(s) (see height standards listed in Section 8175-5.20.3(h)(4)(e) and other standards in Section 8175-5.20.3(k)(3));

(2)

In order to minimize impacts to scenic resources, facility size should be minimized, and physically smaller facilities should be selected over larger facilities when both options provide adequate coverage;

(3)

Facility height shall be minimized, and the height of ground-mounted, wireless communication facilities shall be limited to the minimum height necessary to provide adequate service or coverage, or the height standards listed in Section 8175-5.20.3(h), whichever is less;

(4)

Antenna shall be screened by radio frequency transparent materials, vegetation, existing signs or other elements within the existing setting, unless the screening would substantially increase the visual profile of the antenna or the support structure;

(5)

Equipment boxes or cabinets shall be ground-mounted or located underground within the parkway segment of the public right-of-way, except when such locations would conflict with existing utilities, would conflict with Caltrans freeway on and off-ramps, or result in the removal of ESHA. In such cases, the equipment box or cabinet shall be mounted behind a sign or within an existing structure. Equipment boxes or cabinets also may be mounted on a structure, such as a utility pole, under the following circumstances: (a) the roadway is not identified as an eligible scenic highway, and (b) substantial evidence exists that mounting the equipment on the support structure will not result in visual impacts. Equipment boxes shall be mounted on the existing support structure (e.g., utility pole) pursuant to the standards in Section 8175-5.20.3(p); and

(6)

The wireless communication facility shall not interfere with public access to and along the coastline, or with the operation of any transportation facility, conflict with requirements of the Americans with Disabilities Act, block or reduce coastal access, or obstruct visibility within the public right-of-way.

(b)

Data collection units may be mounted on an existing utility pole (e.g., light pole or electricity transmission line pole) within the public road right-of-way along existing developed roadways, provided that all of the following standards are met:

(1)

Whip antennas do not exceed thirty-six (36) inches in length;

(2)

Solar panels do not exceed six (6) square feet in area;

(3)

Collection unit boxes do not exceed one and one-half (1.5) cubic feet in volume;

(4)

Each data collection unit is sited at least three hundred (300) feet from other data collection units within the same network; and

(5)

The design (materials, colors, shape, etc.) for the data collection unit blends into the surrounding environment through the following methods:

a.

The collection unit box, non-photovoltaic surfaces of the solar panel, and equipment mounts are designed or painted to match the color of the support structure;

b.

Batteries are located on the ground or underground; and

c.

Cables are taut and loops of cables are not exposed.

(Ord. No. 4498, § 3, 12-6-2016)

The development and operation of wireless communication facilities must comply with all applicable federal, state and local laws, including all standards and regulations of the Federal Communications Commission (FCC).

(Ord. No. 4498, § 3, 12-6-2016)

In the circumstances listed below, the applicant must demonstrate, through written documentation referenced in Section 8175-5.20.10(i) and (j) below or as otherwise requested by the Planning Director, to the satisfaction of the decision-making authority, that the County's authority to require compliance with the applicable standards and requirements are preempted by federal or state law, including but not limited to the Federal Telecommunications Act of 1996:

(a)

Development of a non-stealth wireless communication facility pursuant to Section 8175-5.20.3(b), or

(b)

Any wireless communication facility in a restricted location pursuant to Section 8175-5.20.3(g), or

(c)

Any wireless communication facility that does not meet all applicable policies and standards of the LCP.

(Ord. No. 4498, § 3, 12-6-2016)

Any proposed collocation may be processed pursuant to a permit modification in Section 8175-5.20.12.1. Collocations which do not qualify for modification in Section 8175-5.20.12.1 or Section 8175-5.20.12.2 may alternatively be processed pursuant to or Section 8175-5.20.12.3. Non-stealth facilities shall not be collocated onto stealth facilities.

(Ord. No. 4498, § 3, 12-6-2016)

8175-5.20.7 - Maintenance and monitoring.

(a)

Periodic Inspection: The County reserves the right to undertake periodic inspection of a permitted wireless communication facility in accordance with Section 8183-5.

(b)

Maintenance of Facility: The permittee shall routinely inspect each wireless communication facility, as outlined in the approved maintenance and monitoring plan, to ensure compliance with the standards set forth in Sections 8175-5.20.3 and 8175-5.20.4(a) and the permit conditions of approval. The permittee shall maintain the facility in a manner comparable to its condition at the time of installation. If repair and maintenance is not sufficient to return the facility to its physical condition at the time of installation, the permittee shall obtain all required permits and replace the facility to continue the permitted operation or shall abandon the facility in compliance with the requirements of Sections 8175-5.20.16 through 8175-5.20.18.

(c)

Graffiti: The permittee shall remove graffiti from a facility within ten (10) working days from the time of notification. For facilities located within the public rights-of-way, graffiti removal shall occur within forty-eight (48) hours of notification.

(d)

Landscape and Screening: All trees, foliage, or other landscaping elements approved as part of a wireless communication facility shall be maintained in good condition during the life of the permit in conformance with the approved landscape plan (see Section 8178-8). The permittee shall be responsible for replacing any damaged, dead, or decayed landscape vegetation.

(e)

Hours of Maintenance: Except for emergency repairs, backup generator testing and maintenance activities that are audible to an off-site, noise-sensitive receptor shall only occur on weekdays between the hours of 8:00 a.m. and 8:00 p.m.

(f)

Transfer of Ownership:

(1)

In the event that the permittee sells or transfers its interest in a wireless communication facility, the succeeding operator shall become the new permittee responsible for ensuring compliance with the permit for the wireless communication facility, including all conditions of approval, and all other relevant federal, state and local laws and regulations.

(2)

The permittee (or succeeding permittee) shall file, as an initial notice with the Planning Director, the new permittee's contact information such as the name, address, telephone/FAX number(s), and email address.

(3)

The permittee shall provide the Planning Director with a final written notice within thirty (30) days after the transfer of ownership and/or operational control has occurred. The final notice of transfer must include the effective date and time of the transfer and a letter signed by the new permittee agreeing to comply with all conditions of the County permit, including updates to signage with current operator information (see Section 8175-5.20.3(u)).

(Ord. No. 4498, § 3, 12-6-2016)

The County may contract for the services of a qualified technical expert to supplement Planning Division staff in the review of proposed wireless communication facilities. Technical expert review may include, but is not limited to, the permittee's compliance with the development standards listed in Sections 8175-5.20.3 and 8175-5.20.4(a), technical documents related to radio frequency emissions, alternative site analyses, propagation diagrams, and other relevant technical issues.

The use of a qualified technical expert shall be at the permittee's expense, and the cost of these services shall be levied in addition to all other applicable fees associated with the project. The technical expert shall work under a contract with and administered by the County. If proprietary information is disclosed to the County or the hired technical expert, such information shall remain confidential in accordance with applicable California laws.

(Ord. No. 4498, § 3, 12-6-2016)

A temporary wireless communication facility, such as a "cell-on-wheels" (COW), shall be processed as an accessory use under a County permit. A temporary wireless communication facility may be used during each of the following events or activities: (1) temporary events, (2) public emergencies, and (3) while an existing facility is relocated or rebuilt. Once the event or activity is complete, or once the emergency permit expires, the temporary facility shall be removed from the site within three (3) business days.

(Ord. No. 4498, § 3, 12-6-2016)

In addition to meeting standard application requirements of Section 8181-5, the applicant requesting a new or modified wireless communication facility permit shall be required to submit the following information.

(a)

Project Description. A written project description for the proposed wireless communication facility that includes, but is not limited to, a general description of the existing land use setting, the type of facility, visibility from public viewing areas, proximity to ESHA, proximity to coastal access and public trails, stealth design features, propagation diagrams, on and off-site access, grading, fuel modification requirements, landscaping, and facility components (support structure, antennas, equipment shelters or cabinets, emergency back-up generators with fuel storage, security measures, etc.).

(b)

Visual Impact Analysis. A visual impact analysis includes photo simulations and other visual information, as necessary, to determine visual impact of the proposed wireless communication facility on the existing setting or to determine compliance with design standards established by this Section. At least three (3) photo simulations shall include "before" and "after" renderings of the site, its surroundings, the proposed facility and antennas at maximum height, and any structures, vegetation, or topography that will visually screen or blend the proposed facility into its setting when viewed from a public viewing area. The visual impact analysis should include views from the closest or most prominent public viewing areas to the proposed facility. For building-mounted wireless communication facilities that cannot be seen from a public viewing area, include a close-in simulation which shows the relationship between the proposed facility and surrounding buildings or architectural features. All photo simulations and other graphic illustrations shall include accurate scale and coloration of the proposed facility.

(c)

Authorization and License Information. A letter of authorization from the property owner and the communications carrier that demonstrates knowledge and acceptance of the applicant's proposed project's structures and uses on the subject property. This information shall also include a copy of the FCC radio spectrum lease agreement or the FCC registration number (FRN).

(d)

FCC Compliance. Documentation prepared by a qualified radio frequency engineer that demonstrates the proposed wireless communication facility will operate in compliance with applicable FCC Regulations. Documentation of FCC compliance shall be required for all wireless communication facility permits, including permit modifications.

(e)

Site Plan and Design Specifications. This documentation shall fully describe the project proposed, all on- and off-site improvements, and include information such as: scale, property information, facility dimension/orientation, a vicinity map, a project information list, delineated physical site features, grading statistics, elevation plans, manufacturer equipment specifications, and components required to address fire prevention, water conservation, and satisfy other regulatory requirements.

(f)

Maintenance and Monitoring Plan. A maintenance and monitoring plan shall describe the type and frequency of required maintenance activities to ensure continuous upkeep of the facility and other components of the project.

(g)

Noise/Acoustical Information. This documentation shall include manufacturer's specifications for all noisegenerating and noise attenuating equipment, such as air conditioning units and back-up generators, as well as a scaled diagram or site plan that depicts the equipment location in relation to adjoining properties.

(h)

Hazardous Materials. This documentation shall include the quantity, type, purpose, and storage location for containment of hazardous materials, such as the fuel and battery back-up equipment, proposed for the wireless communication facility.

The Planning Division may require that the applicant submit the following additional application materials and information as well:

(i)

Propagation Diagram. Propagation diagrams showing the type and extent of the signal coverage of the applicable regulated carrier shall be required if the proposed wireless communication facility would exceed thirty (30) feet in height, and may be required at lower heights if the facility is proposed on or along a ridge, within the Santa Monica Mountains (M) overlay zone, or is visible from a public viewing area. Propagation diagrams shall be required for facilities listed in Section 8175-5.20.5.1. One (1) or more propagation diagrams or other evidence may be required to demonstrate that the proposed wireless communication facility is the minimum height necessary to provide adequate service (i.e., radio frequency coverage) in an area served by the carrier proposing the facility. Existing obstacles such as buildings, topography, or vegetation that cannot adequately be represented in the propagation diagrams, yet may cause significant signal loss and therefore require additional facility height, should be clearly described and/or illustrated through additional visual analyses, such as line-of-sight or 3-D modeling diagrams.

(j)

Alternative Site Analysis. An alternative site analysis shall be required if the wireless communication facility is proposed as a non-stealth facility (Section 8175-5.20.3(b) or is sited outside a "preferred" location (Section 8175-55.20.3(e)). An alternative sites analysis also may be required, as needed, to determine that the facility is sited in a manner that is most protective of coastal resources. The alternative site analysis shall include the following documentation:

(1)

Substantial Evidence that the applicant has attempted to site the facility in accordance with the preferred, neutral, non-preferred, and restricted location "siting criteria" in Section 8175-5.20.3(d), (e), (f), and (g);

(2)

Analysis of alternative sites and facility configurations, including potential collocation and locations outside of the coastal zone, that would provide coverage of the subject area as demonstrated on a series of alternative propagation diagrams;

(3)

Analysis and conclusions, prepared by an applicable qualified professional, that describes how each alternative site will avoid or minimize impacts on coastal resources (e.g., ESHA, public access, scenic resources, etc.) to the maximum extent feasible, consistent with the provisions of the LCP;

(4)

Demonstrated efforts to secure alternative sites or collocate the proposed facility on an existing facility — including copies of correspondence sent to other landowners, carriers, or wireless communication facility owners requesting a site lease or collocation on their facilities. If alternative sites or collocation are not feasible, the applicant shall demonstrate to the satisfaction of the Planning Division that technical, physical, or legal obstacles render alternative sites or collocation infeasible.

Lack of ownership, leases, or permits for alternate sites shall not suffice as a valid consideration regarding the feasibility of alternate sites unless the applicant demonstrates that substantial efforts were made to obtain ownership, leases or permits for alternate sites.

The table provided below generally summarizes when an alternative sites analysis is required and how the information will be used to verify that the wireless communication facility is necessary:

*Section 8175-5.20.8 states that the County may contract for technical expert review for any proposed wireless communication facility.

(k)

Landscape Documentation Package. When a landscape documentation package is required, it shall be prepared pursuant to the water efficient landscaping requirements of Section 8178-8. See Appendix L1 for landscape plan requirements.

(l)

Geotechnical Requirements. A geotechnical report, prepared by a California licensed engineer or a California certified engineering geologist with experience in soils engineering, shall include information such as: soils and

geologic characteristics of the site, foundation design criteria, slope stability analysis; grading criteria and other pertinent information that evaluates potential geologic, fault, and liquefaction hazards, recommendations to minimize any hazards, and proposed mitigation.

(m)

Consent to Future Collocation. A written statement shall be provided that states whether or not the applicant consents to the future collocation of other wireless communication facility carriers on the proposed facility (see Section 8175-5.20.6).

(n)

Additional Information. Additional information determined by the Planning Division as necessary for processing the requested wireless communication facility entitlement.

(Ord. No. 4498, § 3, 12-6-2016; Ord. No. 4586, 10-19-2021)

Proposed modifications to an existing wireless communication facility shall be processed in accordance with Section 8181, except that the type of permit modification required shall be authorized as follows:

(Ord. No. 4498, § 3, 12-6-2016)

The following modifications to an existing wireless communication facility may be processed with a zoning clearance:

(a)

Replacement of wireless communication facility equipment mounted on an existing support structure when no modifications are made to the support structure and the design and physical dimensions of the equipment decreases or remains the same. The replacement of equipment does not include replacement of the tower, pole, or base station.

(b)

Collocations that are included in and authorized by the existing permit.

(c)

Collocation on an existing building-concealed facility that is subject to an existing County permit, or an increase to the size of existing antennas within a building-concealed facility that is subject to an existing County permit, when the proposed modifications do not result in changes to the external features of the building-concealed facility (such as a building's architectural features) and when the proposed wireless communication facility equipment remains hidden within the building-concealed facility.

(d)

Modifications to equipment located within, and visually hidden by, an existing equipment shelter or cabinet, such as replacing parts and other equipment accessories provided that the size of the equipment does not

exceed the size of existing equipment. Modification or replacement of an existing back-up generator shall be in compliance with maximum noise levels specified by the permit. These modifications to equipment and operations do not include replacement of the tower, pole, or base station.

(Ord. No. 4498, § 3, 12-6-2016)

The County shall review Section 6409(a) modification requests to determine whether such requests meet Section 6409(a) criteria. A Section 6409(a) modification shall be approved and may not be denied if the Planning Division determines that the application is complete and that the requested modification meets Section 6409(a) criteria (See "Section 6409(a) Modification" definition in Section 8172-1 and the standards in Section 8175-5.20.3(j)).

Eligible Section 6409(a) modifications shall be permitted with a Zoning Clearance. Decisions granting Section 6409(a) modifications are final when rendered and are not subject to appeal pursuant to Section 8181-9. Other County-issued permits and/or authorizations (e.g., building permits, encroachment permits, etc.) may be required to implement approved Section 6409(a) modifications.

(Ord. No. 4498, § 3, 12-6-2016)

8175-5.20.12.3 - Facility modifications subject to a discretionary permit.

Modifications to a wireless communication facility that cannot be processed with a Zoning Clearance, pursuant to Section 8175-5.20.12.1 above, shall be processed through one (1) of the following discretionary permits:

(a)

Site Plan Adjustment—Any change to a wireless communication facility or the permit for that facility that would not alter any of the findings made pursuant to Section 8181-3.5, nor any findings of approval for the permit or any findings contained in the environmental document prepared for the project, and would not have any adverse impact on the subject site or surrounding properties, including any adverse impact on coastal resources, may be deemed a Site Plan Adjustment and acted upon by the Planning Director without a hearing. Additionally, these minor changes shall not circumvent the purpose or lessen the effectiveness of the approved permit conditions and must be consistent with all other provisions of the LCP. In addition to the preceding, the proposed modification shall satisfy each of the following criteria as applicable:

(1)

Alterations to the approved landscaping plan that comply with standards in Section 8175-5.20.3(r) and may result in replacement vegetation or additional vegetation for screening purposes; and

(2)

Modifications that do not result in noise generating equipment which would exceed originally permitted levels; and

(3)

Replacement, modification, or a series of replacements or modifications to a wireless communication facility that do not cumulatively constitute an increase in physical dimensions of ten percent (10%) or more in any one

(1) or more of the following, and excluding the replacement of the tower, pole, or base station:

•

Height or width of the antenna or associated equipment;

Circumference of the antenna, mast, or pole;

Distance of the antenna array from the support structure;

•

Volume of equipment, including but not limited to the fuel tank, equipment sheds, guy wires, pedestals and cables;

•

Equipment area that is enclosed by structural elements or screening devices such as fences and walls; or

•

Lease area or building coverage included in the approved permit; and

(4)

Modifications to the facility design and operation that are consistent with the facility's original design and permitted conditions of approval. Proposed changes to a stealth facility shall retain the necessary features to ensure the facility remains stealth, as stated in Section 8175-5.20.3(j). For example, a modified faux tree shall continue to appear like and simulate the original faux tree, or a slim-line pole shall retain its original profile.

(b)

Minor and Major Modification—Modifications to an existing wireless communication facility shall be processed as either a minor or major modification pursuant to Section 8181.10.4.2 if the proposed modification cannot be processed through a Zoning Clearance (see Section 8175.5.20.12.1) or Site Plan Adjustment (see Section 8175.5.20.12.3(a)). All extensions of the effective period of a discretionary permit shall be processed as a minor or major modification of the existing permit.

(Ord. No. 4498, § 3, 12-6-2016)

No Conditional Use Permit for a wireless communication facility shall be issued for a period that exceeds ten (10) years. At the end of the permit period, the permit shall expire unless the permittee submits, in accordance with all applicable requirements of this Chapter, an application for a permit modification which includes an extension of the effective period of a discretionary permit (see Section 8175-5.20.14). A request for an extension of the effective period of the discretionary permit is a modification which shall be submitted prior to

the permit expiration date, in which case the permit shall remain in full force and effect to the extent authorized by Section 8181-5.6.

(Ord. No. 4498, § 3, 12-6-2016)

8175-5.20.14 - Extensions to the effective period of a discretionary permit (Time extensions).

(a)

Conditional Use Permits: Time extensions shall be limited to ten (10) years and shall be processed as follows:

(1)

A time extension that includes no modifications to the facility, and no other permit modifications, shall be processed as a minor modification.

(2)

A time extension that includes modifications to the facility, or other permit modifications, shall be processed as either a minor or major modification pursuant to Section 8181.10.4.2.

(3)

For proposed permit time extensions to a nonconforming wireless communication facility, see Section 81755.20.15.2.

(b)

Wireless Communication Facility Technology Upgrades: Whenever a permit time extension is requested for a wireless communication facility, the permittee shall replace or upgrade existing equipment when feasible to reduce the facility's visual impacts and improve land use compatibility.

(Ord. No. 4498, § 3, 12-6-2016)

Any wireless communication facility rendered nonconforming solely by the enactment or subsequent amendment of the development standards stated in Sections 8175-5.20.3 and 8175-5.20.4(a) shall be considered a legal nonconforming wireless communication facility subject to the following provisions.

(Ord. No. 4498, § 3, 12-6-2016)

If a modification is proposed to a legal, nonconforming wireless communication facility, then the modification may be authorized through a permit modification processed pursuant to Section 8175-5.20.12, provided that all of the following apply:

(a)

No modifications are proposed that would increase the level of nonconformance with development standards in Sections 8175-5.20.3 or 8175-5.20.4(a); and

(b)

A major modification is not required.

Permit modifications granted pursuant to this section may include conditions requiring the permittee to upgrade the legal, nonconforming wireless communication facility in order to reduce the level of nonconformance with current development standards.

(Ord. No. 4498, § 3, 12-6-2016)

An existing permit for a legal, nonconforming wireless communication facility may be granted a one-time time extension not to exceed ten (10) years provided that it satisfies the conditions in 8175-5.20.15.1 above, and all of the following apply:

(a)

The facility was operated and maintained in compliance with applicable County regulations;

(b)

The facility height (Section 8175-5.20.3(h)) and setbacks (Section 8175-5.20.3(i)) are less than a ten percent (10%) deviation from current standards; and

(c)

The facility is stealth, as required by Sections 8175-5.20.3 and 8175-5.20.4(a).

(Ord. No. 4498, § 3, 12-6-2016)

A wireless communication facility that is not operated for a period of twelve (12) consecutive months or more from the final date of operation, or a nonconforming wireless communication facility that is not operated for a period of one hundred eighty (180) consecutive days from the final date of operation, shall be considered an abandoned facility. The abandonment of a wireless communication facility constitutes grounds for revocation of the land use entitlement for that facility pursuant to Section 8181-10.

(Ord. No. 4498, § 3, 12-6-2016)

When the use of a wireless communication facility is terminated, the permittee shall provide a written notification to the Planning Director within thirty (30) days after the final day of use. The permittee must specify in the written notice the date of termination, the date the facility will be removed, and the method of removal.

(Ord. No. 4498, § 3, 12-6-2016)

Within one hundred eighty (180) days of permit revocation, permit expiration or voluntary termination, the permittee shall be responsible for removal of the wireless communication facility and all associated improvements and development, and for restoring the site to its pre-construction condition. If the permittee does not comply with these requirements, the property owner shall be responsible for the cost of removal, repair, site restoration, and storage of any remaining equipment.

(Ord. No. 4498, § 3, 12-6-2016)

8175-5.21.1 - Temporary rental of dwelling must be expressly authorized.

Except as expressly authorized by this Section 8175-5.21 (the "Section") or otherwise expressly authorized by this Chapter, no dwelling, property or any portion thereof shall be rented for a term of less than thirty (30) consecutive days in the unincorporated area of Ventura County subject to this Chapter. Renting for periods of less than thirty (30) days pursuant to purported longer-term leases or by other means intended to evade compliance with this Section are prohibited.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.2 - Definitions.

Refer to Section 8172-1, for the definitions of the terms home exchange, homeshare, short-term rental, and rent as used in this Chapter. For purposes of this Section only, the following definitions shall apply:

a.

Owner—A person with a full or partial fee title ownership interest in the subject property. For a property held in a trust, each trustee (but no trust beneficiary) is considered an owner.

b.

Primary Residence—A dwelling which is the owner's main living location as evidenced by the owner's addressof-record for official documents such as the property's title, income tax returns, voter registration, or a current property tax bill.

(Ord. No. 4522, § 4, 6-12-2018)

Unless otherwise specifically stated in this Section, the applicable operational standards of Section 81755.21.8 and property management requirements of Section 8175-5.21.9 are automatically imposed and made a part of every permit issued or renewed for a homeshare or short-term rental pursuant to this Section.

(Ord. No. 4522, § 4, 6-12-2018)

a.

A valid permit issued by the County pursuant to this Section is required in order for any person that seeks or receives any rent, payment, fee, commission or compensation in any form, to rent, offer for rent, advertise for

rent, or facilitate the rental of a homeshare or short-term rental in the unincorporated area of Ventura County.

b.

A temporary rental unit permit authorizing a homeshare or short-term rental shall be issued or renewed by the Planning Director or designee if the standards and requirements of this Section and those of Section 81813.1(a) are met.

(Ord. No. 4522, § 4, 6-12-2018)

Permits for homeshares and short-term rentals shall be issued or renewed for a maximum term of one (1) year. All permits shall contain the following provision: "This permit shall expire no later than one (1) year after the date of issuance, and is subject to revocation for violation or noncompliance with the requirements of Section 8175-5.21 or any other applicable provision of the Ventura County Ordinance Code."

(Ord. No. 4522, § 4, 6-12-2018)

Permits may only be issued under this Section for homeshares and short-term rentals that meet each of the applicable eligibility requirements stated in this Section 8175-5.21.5.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.5.1 - Owner requirements and limitations.

a.

Permits may only be issued to the owner(s) of the homeshare or short-term rental property, and shall automatically expire upon sale or transfer of ownership of the property, in whole or in part. All permits shall include the following provision: "This permit shall automatically expire upon sale or transfer of the property, in whole or in part, or as stated in Section 8175-5.21.4.1, whichever comes first."

b.

A permit may only be issued for a homeshare or short-term rental property if no owner of the subject homeshare or short-term rental property is also the owner of another homeshare or short-term rental property that is currently permitted under this Section. In addition, if a property contains multiple dwelling units (e.g., a duplex, cottages or apartments), only one (1) dwelling unit on the parcel is eligible for permitting as a homeshare or short-term rental under this Section.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.5.2 - Ineligible dwellings and structures.

Except as provided in Section 8175-5.21.12, no permit for a homeshare or short-term rental shall be issued for any of the following dwellings:

a.

A dwelling that was permitted as a second dwelling unit or an accessory dwelling unit;

b.

A dwelling subject to a County-imposed covenant, condition or agreement restricting its use to a specific purpose including but not limited to an affordable housing unit, farmworker housing, a superintendent or caretaker dwelling;

c.

A dwelling on property subject to a Land Conservation Act (Gov. Code §§ 51200 et seq.) contract;

d.

A dwelling on property fully or partially owned by a corporation, partnership, limited liability company, or other legal entity that is not a natural person, except in the event every shareholder, partner or member of the legal entity is a natural person as established by documentation (which shall be public record) provided by the permit applicant. In the event this exception applies, every such natural person shall be deemed a separate owner of the subject dwelling and property for purposes of this Section;

e.

A dwelling on property owned by six (6) or more owners; or

f.

A dwelling or structure that has not, if legally required, obtained a full building final inspection or been issued a valid certificate of occupancy by the County Building Official.

(Ord. No. 4522, § 4, 6-12-2018)

Prior to the initial issuance and each renewal of a permit under this Section, the County Building Official or designee shall conduct an inspection to determine the number of bedrooms within the unit and ensure the dwelling and site comply with the provisions of this Section and other applicable building and zoning codes and regulations regarding parking, access, fire, and other relevant health and safety standards. If any violation is identified during the inspection, no permit shall be issued under this Section until the violation(s) is abated.

(Ord. No. 4522, § 4, 6-12-2018)

a.

Applications for the initial issuance and renewal of permits under this Section shall meet the form and content requirements as established by the Planning Director or designee pursuant to Sections 8181-5 and 8181-5.2. As part of each application, the applicant shall submit documentation, as specified by the Planning Director or designee, needed to determine permit eligibility and compliance with all other requirements of this Section.

b.

Each application shall include a site plan depicting the location and describing the use of all existing structures.

c.

Each application shall include an affidavit in a form provided by the Planning Director or designee, signed by each owner of the subject property, agreeing to comply with the operational standards of Section 8175-5.21.8 and the property management requirements of Section 8175-5.21.9 should the permit be issued. The affidavit form shall also include the following statement: "The County considers the temporary rental of dwellings to be businesses that are operated in residential zones. Temporary rentals are not a by-right use. Instead, they are only allowed if operated in strict compliance with the rules and requirements of this Section. Violations are grounds for permit revocation, fines, and/or criminal prosecution."

d.

For a homeshare only, annually provide to the Planning Division proof of a homeowner's exemption from the County Assessor and a fully-executed statement that the property is owner occupied.

e.

An annual permit fee authorized by the fee schedule applicable to the Planning Division may be collected upon the filing of an application to cover the County's costs of administering this Section.

f.

Prior to permit issuance under this Section, the applicant shall: (i) pay all applicable County fees; (ii) submit a code compliance deposit in accordance with Section 8175-5.21.10.2; (iii) provide contact information for the owner of a homeshare, or designate and provide contact information for one (1) or two (2) property managers of a short-term rental, pursuant to Section 8175-5.21.9.1; (iv) provide a fully-executed affidavit pursuant to Section 8175-5.21.7(b); (v) provide proof of compliance with the business tax and licensing, and transient occupancy tax, requirements pursuant to Section 8175-5.21.9.5; (vi) for a homeshare only, proof of a homeowner's exemption and statement that property is owner occupied pursuant to Section 8175-5.21.7(d); (vii) provide proof of insurance pursuant to Section 8175-5.21.9.6; and (viii) provide the fully-executed defense and indemnification agreement pursuant to Section 8175-5.21.9.7.

g.

Notwithstanding any other provision of this Article, no public hearing shall be conducted regarding permit applications under this Section. Decisions of the Planning Director or designee on permit applications are final when rendered and are not subject to appeal.

(Ord. No. 4522, § 4, 6-12-2018)

The following minimum operational standards apply to all homeshares and short-term rentals. All owners, renters, occupants and visitors of homeshares and short-term rentals shall comply with the operational standards. The owner(s) and permittee(s) of homeshares and short-term rentals are ultimately responsible for ensuring compliance with, and are liable for violations of, these operational standards.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.8.1 - Occupancy limits.

a.

Short-term rental overnight occupancy shall be limited to a maximum of two (2) persons per bedroom occupying up to five (5) bedrooms, plus two (2) additional persons, up to a maximum of ten (10) persons.

b.

Homeshares shall have a maximum of two (2) bedrooms available for rental. Overnight occupancy shall be limited to a maximum of five (5) rental guests.

c.

Inclusive of the owner(s) in the case of homeshares, the maximum number of total persons allowed on the property at any time shall not exceed the maximum overnight occupancy plus six (6) additional persons. No person who is not staying overnight at the homeshare or short-term rental shall be on the property during the quiet hours stated in Section 8175-5.21.8.3.

d.

Homeshares and short-term rentals shall not be rented to more than one (1) group at a time; no more than one (1) rental agreement shall be effective for any given date.

(Ord. No. 4522, § 4, 6-12-2018)

a.

Parking shall be provided on the property as follows: a minimum of one (1) parking space for short-term rentals in a studio or with one (1) bedroom; a minimum of two (2) parking spaces for homeshares and short-term rentals with two (2) to four (4) bedrooms; and a minimum of three (3) parking spaces for homeshares and shortterm rentals with five (5) bedrooms.

b.

Permitted garages and driveways on the property shall be unobstructed and made available for renter parking, if such location(s) are needed to satisfy the parking requirements of subpart a.

(Ord. No. 4522, § 4, 6-12-2018)

a.

No use or activity associated with a homeshare or short-term rental shall at any time create unreasonable noise or disturbance.

b.

Quiet hours shall be observed from 10:00 p.m. to 7:00 a.m.

c.

No outdoor amplified music/sound shall be allowed during quiet hours when a property is being rented as a homeshare or short-term rental.

(Ord. No. 4522, § 4, 6-12-2018)

Unless allowed under an approved conditional use permit, no homeshare or short-term rental property shall be rented or used for any event or activity attended by more persons than are allowed on the property pursuant to Section 8175-5.21.8.1, that violates any noise standard of Section 8175-5.21.8.3, or that violates any other standard or requirement of this Section or any other local, state or federal law.

(Ord. No. 4522, § 4, 6-12-2018)

Adequate waste collection facilities and services shall be provided for a homeshare or short-term rental at all times. Waste bins and refuse shall not be left within public view, except in proper containers for the purpose of collection on the scheduled collections day(s). The waste collection schedule and information about recycling and green waste separation and disposal shall be included in the rental agreement and posted conspicuously in the rental unit.

(Ord. No. 4522, § 4, 6-12-2018)

The following minimum property management requirements apply to all homeshares and short-term rentals.

(Ord. No. 4522, § 4, 6-12-2018)

a.

At all times a homeshare is rented out, a homeshare owner shall be onsite between the hours of 10:00 p.m. and 7:00 a.m., and within forty (40) miles of the property at all other times, to ensure compliance with the standards and requirements of this Section.

b.

At all times a short-term rental is rented out, the short-term rental shall have one (1) or two (2) designated property managers available twenty-four (4) hours per day, seven (7) days per week, and who shall be within forty (40) miles of the property, to ensure compliance with the standards and requirements of this Section. An owner may serve as the property manager.

c.

Each application under this Section shall include the name, address, and telephone number(s) at which the property manager(s) can be reached at all times, along with the signature of each property manager. Any requested change to a designated property manager shall be made through a formal written request to the

Planning Director or designee, and shall include the signature of the proposed property manager and the desired effective date of the change. No change to a short-term rental's designated property manager shall take effect unless and until approved in writing by the Planning Director or designee.

(Ord. No. 4522, § 4, 6-12-2018)

a.

At all times a dwelling is in use as a short-term rental or homeshare, the designated property manager's contact information and the contact information for the County Resource Management Agency's Code Compliance Division ("Code Compliance Division") shall be printed legibly on a sign no larger than eight and one-half (8.5) × eleven (11) inches and posted on an outside wall readily visible from the main entrance to the dwelling, or adjacent to the main entry gate where property access is limited.

b.

The Planning Division shall provide a mailed notice of permit issuance, and of each permit renewal, in accordance with Section 8181-6.2.1. At a minimum, the notice shall include: (i) a copy of this Section; (ii) the name and contact information for the designated property manager of a short-term rental, or owner of a homeshare; and (iii) contact information for the Code Compliance Division.

(Ord. No. 4522, § 4, 6-12-2018)

a.

Each rental agreement, advertisement, and online listing for a short-term rental or homeshare shall prominently display the following information:

(1)

The permitted occupancy and guest limits for both day and night;

(2)

Notification that quiet hours shall be observed between 10:00 p.m. and 7:00 a.m.;

(3)

Notification that no outdoor amplified music or sound is allowed during quiet hours;

(4)

Notification that the property cannot be used for events that exceed the applicable occupancy or guest limits, or that violate the quiet hours, noise standards or any other standard or requirement of this Section;

(5)

The available number of onsite parking spaces, and notification discouraging use of on-street parking;

(6)

The County-issued land use permit number authorizing the homeshare or short-term rental under this Section;

(7)

The current County-issued Business License Tax Certificate identification number, if a Business Tax Certificate is required for the operation.

(8)

All advertisements for homeshares shall state that the unit is an owner-occupied dwelling, and the owner shall be present in the home.

b.

No advertisements or notices regarding the availability of a dwelling for homeshare or short-term rental use shall be posted on the property.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.9.4 - Posting inside of dwellings.

The following information, as well as all information required by Section 8175-5.21.9.3, shall be posted in a conspicuous location inside the dwelling within six (6) feet of the main entrance of the homeshare or short-term rental:

a.

The name and contact information for the designated property manager of a short-term rental or owner of a homeshare, and the telephone number(s) at which the person can be reached at all times;

b.

The waste collection schedule and information about recycling and green waste separation and disposal;

c.

Notification that the property owner, renter, and occupants are subject to criminal citation and fines, civil penalties and/or permit revocation for violations of the unit's occupancy limits, noise standards and other operational standards.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.9.5 - Business license; business taxes; transient occupancy tax.

To the extent required by applicable County ordinance, the owner of a short-term rental or homeshare shall acquire and maintain a valid County business license, timely pay annual business taxes evidenced by a business tax certificate, and/or obtain and maintain a valid County transient occupancy tax registration certificate and timely pay all required County transient occupancy taxes.

(Ord. No. 4522, § 4, 6-12-2018)

The owner shall maintain an insurance policy that includes coverage for commercial/business general liability with a minimum limit of five hundred thousand dollars ($500,000.00) per occurrence for claims of personal injury or property damage. Proof of such insurance coverage shall be provided with each permit application under this Section, and shall be made available to the Planning Director or designee upon request.

(Ord. No. 4522, § 4, 6-12-2018)

All owners of a homeshare or short-term rental shall be jointly and severally responsible to defend and indemnify the County and all of its officials, employees and agents from and against all third-party claims, causes of actions, fines, damages and liabilities of whatever nature arising from or related to the processing and issuance of a permit under this Section and/or from the operation of the homeshare or short-term rental. Upon submittal of a permit application under this Section, all owners of the homeshare or short-term rental shall execute a written agreement on a form provided by the Planning Director or designee implementing this defense and indemnification requirement.

(Ord. No. 4522, § 4, 6-12-2018)

The owner of a homeshare or short-term rental shall keep and preserve all records as may be necessary to demonstrate compliance with the standards and requirements of this Section. These records shall include but are not limited to all rental agreements entered into, advertisements and online listings. The records shall be maintained during the term of the permit issued under this Section, and shall be made available in electronic format for the County's review upon request of the Planning Director or designee.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.10 - Inspection and monitoring. 8175-5.21.10.1 - Inspections.

In addition to the pre-permitting inspection of a homeshare or short-term rental pursuant to Section 81755.21.6, upon reasonable notice, County staff shall be given access to the dwelling and site to conduct an inspection during the term of the permit to ensure continued operation of the homeshare or short-term rental in compliance with the provisions of this Section and other applicable building and zoning codes and regulations regarding parking, access, fire, safety, and other relevant issues.

(Ord. No. 4522, § 4, 6-12-2018)

County monitoring shall be required for each homeshare and short-term rental operation issued a permit. The permittee shall be responsible for all monitoring costs associated with the operation. Each application request for an initial permit under this Section shall be accompanied by payment of a code compliance review deposit in the amount stated in the Planning Division fee schedule. If the county bills against the deposit, the permittee shall replenish the deposit within seven (7) calendar days after the County's written request to the permittee.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.11 - Complaint and violations. 8175-5.21.11.1 - Complaints.

a.

Complaints regarding the condition, operation or conduct of the renters, occupants or visitors of a homeshare or short-term rental shall be directed to the short-term rental property manager or homeshare owner for investigation and resolution. The property manager or owner shall be available by phone at all times the dwelling is rented out as a homeshare or short-term rental.

b.

Upon receipt of a complaint that any renter, occupant or visitor of a homeshare or short-term rental has created unreasonable noise or disturbance and/or potentially violated any other operational standard of this Section, the property manager or owner shall take all necessary actions to promptly resolve the issue, including by initially contacting the renter to correct the problem within thirty (30) minutes, or within fifteen (15) minutes during the quiet hours between 10:00 p.m. and 7:00 a.m., after the complaint is first received.

c.

Within twenty-four (24) hours after first receiving a complaint pursuant to subsection (b) above, the property manager or owner shall complete the online reporting form provided by the Planning Director or designee to: (1) report and describe the complaint, including the time the complaint was first received; (2) describe all actions taken to resolve the issue, including the time each action was taken; and (3) describe the resolution or current status.

d.

A property manager's or owner's failure to promptly resolve a complaint pursuant to subsection (b) above, or to timely and fully report the complaint to the Planning Director or designee on the online reporting form, shall each constitute a separate violation of this Section.

(Ord. No. 4522, § 4, 6-12-2018)

Each of the following acts or omissions related to the operation or use of a homeshare or short-term rental is unlawful and constitutes a violation of this Section. Owners are jointly and severally responsible and liable, along with any other responsible person, for each violation committed with respect to their homeshare or shortterm rental. Each day a violation occurs constitutes a separate, additional violation:

a.

Engaging in an act in violation of the permitting requirement of Section 8175-5.21.4(a);

b.

Failure to comply with an operational standard of Section 8175-5.21.8;

c.

Failure to comply with a property management requirement of Section 8175-5.21.9;

d.

Failure to comply with the complaint investigation, resolution and/or reporting requirements of Section 81755.21.11.1; and

e.

Failure to timely remit to the County any cost or fee pursuant to this Section.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.12 - Legal nonconforming short-term rentals and homeshares.

This Section 8175-5.21.12 governs the continuation of legal nonconforming short-term rentals and homeshares, as defined below. Article 12 shall not apply to this Section.

a.

For purposes of this Section, a legal nonconforming short-term rental or homeshare is one that meets each of the following requirements:

(1)

A dwelling that was operating and rented as a short-term rental or homeshare as of the effective date of this Section, and has continued to operate as such to the present; and

(2)

The short-term rental or homeshare does not conform to the permit eligibility requirements of any or all of the following: (i) Section 8175-5.21.5.1(b), or Section 8175-5.21.5.2, subdivisions (a), (c), (d), or (e).

b.

Except as specified in this Section 8175-5.21.12, a legal nonconforming short-term rental or homeshare shall be subject to and comply with all standards and requirements of this Section that apply generally to short-term rentals and homeshares.

c.

Applicants seeking a permit to operate a legal nonconforming short-term rental or homeshare shall comply with all general permitting requirements of this Section except for the permit eligibility requirements identified in Section 8175-5.21.12(a)(2) with which the owner or dwelling does not conform. As part of the permitting process, applicants shall: (a) submit documentation as specified by the Planning Director or designee establishing that the dwelling qualifies for legal nonconforming status pursuant to this Section 8175-5.21.12; and (b) state all permit eligibility requirements identified in Section 8175-5.21.12(a)(2) with which the short-term rental or homeshare does not conform.

d.

A legal nonconforming short-term rental or homeshare shall be permitted to operate for a maximum of two (2) years from the effective date of this Section ("Grace period"), or until the sale or transfer of the property in whole or part, whichever occurs first, provided that the permit is not otherwise revoked for cause pursuant to Section 8183-7. After expiration or revocation of the permit, no person who seeks or receives any rent, payment, fee, commission, or compensation in any form from the subject legal nonconforming homeshare or short-term rental shall rent, offer for rent, advertise for rent, or facilitate the rental of the subject legal nonconforming homeshare or short-term rental.

e.

After expiration or revocation of the permit authorizing a legal nonconforming short-term rental or homeshare, no person who seeks or receives any rent, payment, fee, commission, or compensation in any form from the subject legal nonconforming homeshare or short-term rental shall rent, offer for rent, advertise for rent, or facilitate the rental of the subject legal nonconforming homeshare or short-term rental.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.22 - Transitional and supportive housing. 8175-5.22.1 - Purpose and application.

The purpose of this Section 8175-5.22 is to comply with Government Code sections 65583(c)(3) and 65650 et seq. regarding transitional housing and supportive housing, as such terms may be amended. If this Section 8175-5.22 conflicts with any other provision of this Chapter, this Section 8175-5.22 shall prevail. If this Section 8175-5.22 conflicts with state law, the latter shall govern.

(Ord. No. 4640, § 4, 12-17-2024)

8175-5.22.2 - Allowed zones.

Transitional housing and supportive housing are allowed in all zones that allow residential dwellings. This includes lots zoned: COS, CA, CR, CRE, CR1, CR2, RB, RBH, and CRPD.

(Ord. No. 4640, § 4, 12-17-2024)

8175-5.22.3 - Type of permit and applicable development standards for transitional and supportive housing.

a.

In accordance with Government Code section 65583(c)(3), transitional housing and supportive housing are considered a residential use of property and are subject only to those standards that apply to other residential dwellings of the same type (e.g., other single-family, two-family, or multifamily dwellings) in the same zone.

For example, supportive housing proposed in a new multifamily dwelling in the CRPD Zone would require the same type of permit and meet the same development standards as other multifamily dwellings in the CRPD Zone, unless such housing qualifies for approval as a use by right pursuant to Section 8175-5.22.3.1 below.

b.

Supportive housing that complies with the requirements of Section 8175-5.22.3.1 below shall qualify for approval as a use by right in accordance with Government Code section 65651(a), and shall meet the standards of that section.

(Ord. No. 4640, § 4, 12-17-2024)

8175-5.22.3.1 - Supportive housing as a use by right with approval of a zoning clearance.

a.

Standards and Requirements:

(1)

Supportive housing that complies with the requirements of this Section 8175-5.22.3.1 is considered a use by right in all zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses. This includes lots zoned CR2, RB, RBH, and CRPD.

As required by Government Code section 65650, for purposes of this Section 8175-5.22.3.1, supportive housing includes nonresidential uses and administrative office space as provided in Section 8175-5.22.3.1(a)(2) (vi) below, as well as transitional housing for youth and young adults.

(2)

To qualify as a use by right pursuant to this Section 8175-5.22.3.1, all of the following must be satisfied:

i.

The development consists of fifty (50) units or fewer.

ii.

Units within the development are subject to a recorded affordability restriction for fifty-five (55) years. A deed restriction ensuring the continued affordability of the units consistent with this Section 8175-5.22.3.1 shall be recorded with the County Recorder in a form approved by the County at the property owner's expense prior to the issuance of a Zoning Clearance for construction of the development.

iii.

One hundred (100) percent of the units, excluding managers' units, within the development are restricted to lower income households and are or will be receiving public funding to ensure affordability of the housing to lower income households. The rents in the development shall be set at an amount consistent with the rent limits stipulated by the public program providing financing for the development. For purposes of this subsection, "lower income households" has the same meaning as defined in Section 50079.5 of the Health and Safety Code, as may be amended.

iv.

At least twenty-five (25) percent of the units in the development or twelve (12) units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than twelve (12) units, then one hundred (100) percent of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing. For purposes of this subsection, "target population" has the meaning set forth in Government Code section 65650(d) and Health and Safety Code section 50675.14, as may be amended, which include persons, including persons with disabilities, and

families who are "homeless," as that term is defined by section 11302 of Title 42 of the United States Code, or who are "homeless youth," as that term is defined by Government Code section 12957(e)(2).

v.

The applicant provides the County with the information required by Government Code section 65652, outlined in Section 8175-5.22.3.1(b)(2) below.

vi.

Nonresidential floor area shall be used for on-site supportive services and administrative office space in the amounts specified below.

For purposes of this subsection, "supportive services" has the meaning set forth in Government Code sections 65650 and 65582, as may be amended, and includes, but is not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy. "Administrative office space" has the meaning set forth in Government Code section 65650(a), as may be amended, and means an organizational headquarters or auxiliary office space utilized by a nonprofit organization for the purpose of providing on-site supportive services at a supportive housing development authorized by this Section 8175-5.22.3.1 and includes other nonprofit operations beyond the scope of the corresponding supportive housing development. "Administrative office space" includes parking necessary to serve the office space.

A.

For a development with twenty (20) or fewer total units, at least ninety (90) square feet shall be provided for onsite supportive services.

B.

For a development with more than twenty (20) units, at least three (3) percent of the total floor area shall be provided for on-site supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

C.

Administrative office space shall not exceed twenty-five (25) percent of the total floor area.

vii.

The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in Government Code section 65915(c)(3).

viii.

Units within the development, excluding managers' units, include at least one (1) bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

(3)

In accordance with Government Code section 65651(b)(1), a supportive housing development subject to this Section 8175-5.22.3.1 must comply with all objective development standards and policies that apply to other multifamily development within the same zone.

(4)

If the supportive housing development is located within one-half-mile of a public transit stop, no parking is required for the units occupied by supportive housing residents as set forth in Government Code section 65654.

b.

Application Requirements for Supportive Housing as a Use By Right:

(1)

An application for supportive housing shall be reviewed and approved with a Zoning Clearance prior to establishment or construction of any supportive housing pursuant to this Section 8175-5.22.3.1.

(2)

In accordance with Government Code section 65652, the application shall include a plan for providing supportive services, with documentation demonstrating that supportive services will be provided onsite to residents in the project, as required by this Section 8175-5.22.3.1 and Government Code section 65651, and describing those services, which shall include all of the following:

i.

The name of the proposed entity or entities that will provide supportive services;

ii.

The proposed funding source or sources for the provided on-site services; and

iii.

Proposed staff resources and staffing requirements to manage the on-site supportive services.

(Ord. No. 4640, § 4, 12-17-2024)

8175-5.23.1 - Purpose.

The purpose of this Section 8175-5.23 is to regulate residential care facilities serving six (6) or fewer persons in accordance with state law (See Health and Safety Code, §§ 1566.3, 1568.0831, and 11834.23).

(Ord. No. 4640, § 4, 12-17-2024)

Residential Care Facilities serving six (6) or fewer persons are allowed in all zones that allow residential dwellings. This includes lots zoned COS, CA, CR, CRE, CR1, CR2, RB, RBH, and CRPD.

(Ord. No. 4640, § 4, 12-17-2024)

a.

When required by state or federal law, a residential care facility serving six (6) or fewer persons is considered a residential use by a family under this Chapter, and is subject to the following:

(1)

A residential care facility serving six (6) or fewer persons shall comply with the setback, building lot coverage, height limit, sign-placement and other development standards applicable to a family dwelling of the same type and in the same zone.

(2)

No additional development standards other than those identified in subsection (a)(1) above shall apply to a residential care facility serving six (6) or fewer persons.

(3)

Use of a family dwelling for purposes of a residential care facility serving six (6) or fewer persons shall not constitute a change of occupancy for purposes of local building codes or Part 1.5 (commencing with section 17910) of Division 13 of the Health and Safety Code, as may be amended. However, nothing in this Section 8175-5.23.3 is intended to supersede Health and Safety Code sections 13143 or 13143.6, to the extent such sections are applicable to residential care facilities serving six (6) or fewer persons.

b.

Subject to subsection (c) below, for purposes of this section, "family dwelling" has the same meaning as provided in Health and Safety Code section 1566.3(g), as it may be amended, which states: "'family dwelling' includes, but is not limited to, single-family dwellings, units in multifamily dwellings, including units in duplexes and units in apartment dwellings, mobilehomes, including mobilehomes located in mobilehome parks, units in cooperatives, units in condominiums, units in townhouses, and units in planned unit developments."

c.

Notwithstanding subsection (b) above, the term "family dwelling" as used in this section shall mean a singlefamily dwelling if the residential care facility is any of the following: an alcoholism or drug abuse recovery or treatment facility subject to Health and Safety Code section 11834.23, or an intermediate care facility/developmentally disabled habilitative, intermediate care facility/developmentally disabled—nursing, or a congregate living health facility subject to Health and Safety Code section 1267.8.

(Ord. No. 4640, § 4, 12-17-2024)

8175-6 - Density bonus and affordable housing incentives. 8175-6.1 - Purpose and application.

Government Code section 65915 et seq., known as California Density Bonus Law, requires local jurisdictions to grant a density bonus, incentives or concessions, and waivers or reductions in development standards to

qualifying projects that commit a certain percentage of dwelling units to affordable housing. The purpose of this Section 8175-6 is to promote affordable dwelling units and allow density bonuses and other affordable housing incentives available under state law in a manner that is consistent with the requirements of the LCP.

(Ord. No. 4640, § 4, 12-17-2024)

8175-6.2 - Density bonus and affordable housing incentives.

a.

Government Code section 65915(m) provides that California Density Bonus Law does not supersede or in any way alter or lessen the effect or application of the Coastal Act.

b.

Subject to subsection (c) below, the density bonuses, incentives or concessions, and waivers or reductions in development standards required by state law, including, but not limited to, Government Code section 65915 et seq., shall be available to qualifying projects on the terms and conditions specified in state law.

c.

Any requested density bonus, incentive(s) or concession(s), waiver(s) or reduction in development standards, or modified parking standards in the coastal zone shall require the approval of a coastal development permit by the County decision-making authority for the project pursuant to Section 8174-5 without a public hearing, and shall be consistent with the County's certified LCP policies for the protection of coastal resources. In no case shall the coastal resources protection development regulations of Sections 8178-2 (ESHA), 8178-3 (Archaeological and Paleontological Resources), 8178-4 (Hazards), or 8178-5 (Agricultural Lands) be waived, reduced, or modified, unless otherwise required by state law.

d.

For qualifying projects that consist of low- and moderate-income housing, as defined in Government Code section 65589.5(h)(3), LCP provisions that reduce residential densities below the density sought by an applicant shall not be applied if the density is within the range of density established by the underlying zone plus the additional density permitted by Government Code section 65915 et seq., unless a finding is made, based on substantial evidence, that the density sought by the applicant cannot feasibly be accommodated on the site in a manner that is in conformity with Chapter 3 (commencing with section 30200) of the Coastal Act or the other provisions of the LCP applicable to the project.

(Ord. No. 4640, § 4, 12-17-2024)

Article 6. - Parking and Loading Requirements[[6]]

Footnotes:

--- ( 6 ) ---

Editor's note— Ord. No. 4492, § 4, adopted June 21, 2016, repealed the former Art. 6, §§ 8176-0—8176-4, and enacted a new Art. 6 as set out herein. The former Art. 6 pertained to parking, access and landscaping and derived from Ord. 3882—12/20/88; Ord. 4186, adopted May 25, 1999, and Ord. No. 4451, §§ 6, 9, adopted Dec. 11, 2012.